Best Employment Lawyers in Fontana, CA

FAQs

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

  The non-emergency number of the Fontana police is 909-350-7700.

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

  Reports may be requested by mail or in person at the police station. Use the required form for each request. The mailing and physical address of the Fontana Police Department is 17005 Upland Avenue, Fontana, CA 92335. For more details, contact the Records Unit at (909) 350-7740.

• Will agricultural workers in Fontana receive overtime pay similar to that in other industries?

  Yes. California's Assembly Bill 1066 states that agricultural workers will receive overtime pay similar to that in other industries starting January 1, 2022. Fontana Workers in agricultural companies with 26 or more employees will receive overtime pay one and one-half times the regular rate for hours worked after eight hours. The new overtime pay rate will also take effect in Fontana agricultural companies with 25 or fewer employees starting January 1, 2025.

• How can a worker in Fontana be misclassified?

  A worker in Fontana can be misclassified by an employer as an independent contractor instead of an employee. Independent contractors usually have fewer benefits compared to employees. The misclassification might have been done on purpose to earn more profits. This is considered a violation of Assembly Bill 5 (AB5) law which employees can file a complaint against the employer to the DOL Wage and Hour Division or California Labor Commissioner’s Office.

• Is it lawful for an employer in Fontana to replace an employee who was on maternity leave?

  It depends. If the termination was done because of the pregnancy or the maternity leave, then it may be unlawful. Similarly, it may be illegal if the employer in Fontana fired the employee on maternity leave because of some disability or medical condition that resulted from pregnancy or childbirth. The employer may have violated the California Family Rights Act, the Family Medical Leave Act, and the Pregnancy Disability Leave Act.

• How do you report employment violations in Fontana to the Labor Commissioner's office?

  Complete the Report of Labor Law Violation form (BOFE 1) and hand carry or mail it to the nearest Labor Commissioner's office in Fontana. The DLSE - BOFE office is located at 464 West Fourth Street, Room 348, San Bernardino, CA 92401. Reports of violations can also be reported online at the website of the California Department of Industrial Relations.

• What type of workers in Fontana can be exempted from at-will employment laws?

  Workers in Fontana who are labor union members are protected by a collective bargaining agreement with a "just cause" standard for termination. Some types of workers exempted from at-will employment laws are employees in the public sector and those who have employers with progressive policies on discipline and termination.

• 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.