Best Employment Lawyers in Alameda, CA

FAQs

• What is the non-emergency contact number for the local police station in Alameda, California?

  You may call the Alameda Police Department at 510-337-8340 to report non-emergencies.

• Where can I get a copy of police reports for incidents related to my case in Alameda, California?

  Get in touch with the Records Unit by calling 510-337-8411 between Monday - Friday, 8 a.m. to 4 p.m. Requests may also be made in person, through mail, or by email. For more information, refer to https://www.alamedaca.gov/ONLINE-SERVICES/Request-a-Copy-of-a-Police-Report.

• What is the California Family Rights Act, and how does it apply to Alameda employees?

  The California Family Rights Act legally requires employers in Alameda with five or more workers to offer eligible workers job protection while they care for a seriously ill child, spouse, domestic partner, parent (anyone who raised the employee as if they were their own), grandparent, sibling, or themselves. Unpaid time off is also available to connect with a newborn, adopted, or foster child within a year of birth, adoption, or placement. Children include biological, adopted, and foster children, stepchildren, legal wards, and domestic partners' children.

• What is the deadline for filing an employment discrimination complaint in Alameda?

  A grievance of employment discrimination in Alameda must generally be submitted within three years of the alleged discriminatory act. Even if you intend to submit a case directly to the court, you must register a report with CRD first. When you submit your complaint, you can request an immediate "right to sue" notice if you intend to go to court. Seek the counsel of a local employment lawyer for your legal options.

• If a worker in Alameda has been misclassified as an independent contractor rather than an employee, can they file a legal complaint?

  Yes, because inaccurate classification can prevent Alameda employees from obtaining their full legal rights. If workers are misclassified, they can recover up to $25,000 per violation for labor code violations. If you were incorrectly classified as an independent contractor instead of an employee, you can be eligible to file a complaint.

• How much is the minimum wage for workers under Alameda employment laws?

  The state minimum wage in California, including the city of Alameda, is $15.50 per hour as of 2023. This is the minimum payment that must be given to all non-exempt California employees each time they are considered to be "on the clock." If you are receiving less than this amount as a non-exempt employee, contact your employment law attorney for legal assistance.

• What can be considered workplace retaliation under Alameda employment laws?

  When an employer sanctions or terminates an employee for practicing their working rights, it may be considered unlawful retaliation in the workplace. You might have a claim for workplace retaliation against your employer if you were terminated, demoted, or otherwise treated negatively for reporting workplace hazards, submitting a workers' compensation claim, or asserting your employment rights.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.