Best Employment Lawyers in Fresno, CA

FAQs

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

  The Fresno police can be reached at (559) 621-7000 for non-emergencies.

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

  Police reports can be obtained in the lobby of the police station located at 2323 Mariposa Street Fresno, CA 93721. Call the Records and Information Service Bureau at (559) 621-2534 for further information. Reports can also be secured through the online Public Records Request Portal.

• Can you still collect a judgment for an employment claim in Fresno if the employer files for bankruptcy?

  It depends. Generally, you will no longer be able to file a lien or impose a levy if your employer in Fresno files for bankruptcy. To collect your employment claim judgment, you must follow the bankruptcy court's collection process. You will receive a notice of your employer's bankruptcy in the mail. Read the notice carefully, act in accordance with the deadline indicated, and follow the instructions well.

• What are some statutes in California that protect whistleblowers in Fresno?

  The state's own California False Claims Act and California’s Private Attorney General Act (PAGA) offer protection to whistleblowers in Fresno. Employees who report employer illegal activities may receive protection from retaliation through the False Claims Act (FCA) and its Anti-Retaliation Provision 3730(h) and the Sarbanes-Oxley Act (SOX) and its Anti-Retaliation Section 806. Additionally, whistleblowing or "qui tam" on illegal employer actions that involve IRS and OSHA cases will be covered under the anti-retaliation programs of these agencies.

• How will the Garment Worker Protection Act affect the salary of workers in Fresno?

  Under the Garment Worker Protection Act, workers in Fresno must not be paid by piece rate but rather an hourly rate the same as the minimum wage. Violation of this law may result in payment of compensatory damages equivalent to $200 per employee per salary period. There are, however, exceptions to these rules under the employee collective bargaining agreement. In addition, the law allows employers to provide incentive-based bonus benefits.

• Are there organizations you can ask for assistance from regarding an employment case in Fresno?

  Yes. Your employment case may qualify you for assistance from Central California Legal Services, Inc. This organization can be reached at (559) 733-8770 and is based at 208 W. Main Street, Suite U-1 Visalia, CA 93291. You may also qualify for the services of California Rural Legal Assistance which is at 3747 E Shields Ave Fresno, CA 93726. You can call this organization at (559) 441-8721.

• When can employees file a class action lawsuit against an employer in Fresno?

  A group of employees can file a class action lawsuit if the employer misclassified employees as independent contractors and fails to pay the correct overtime wage. These employees in Fresno can also take action against the employer for violating the Fair Labor Standards Act, cutting off health coverage during parental leave, and requiring work during break time. However, note that many employers let employees sign arbitration agreements, limiting participation in class actions.

• 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.