Best Employment Lawyers in Hayward, CA

FAQs

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

  The non-emergency contact number for the local police station in Hayward is 510-293-7272.

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

  You can obtain a copy of a police report in Hayward by completing the form at this link https://www.hayward-ca.gov/sites/default/files/documents/PoliceReportRequestForm.pdf and submitting it either through mail or in person. You can send it to Hayward Police Department - Front Counter, 300 W. Winton Ave., Hayward, CA 94544. You can pick up the copy between Monday to Friday, 8 a.m.-6 p.m.

• If you are a transgender employee in Hayward, are you protected by labor laws?

  Your rights as a transgender are protected under the state labor laws in Hayward. You have the same rights as all the other employees in your workplace such as dress preference according to gender identification, medical history confidentiality, and protection from workplace harassment. If you suffered from hate crimes due to your being transgender, you can contact the Civil Rights Department at 833-8-NO-HATE or stophate@calcivilrights.ca.gov.

• Do you have minimum wage rights if you are an undocumented worker in Hayward?

  You are entitled to minimum wage pay in Hayward and across the state of California even if you are an undocumented worker. Under federal and state laws, you have basically the same benefits as the other workers such as overtime pay, tips, and breaks. If you have been deprived of getting a minimum wage rate due to your immigration status, you can file a complaint before the offices of the Labor Commissioner or the U.S. Department of Labor.

• If you are an undocumented worker in Hayward, can you join unions or labor groups?

  You have the right to join unions or labor groups in Hayward even if you are an undocumented worker. Your worker's rights such as collective bargaining and electing union officers are protected under the National Labor Relations Act. However, if you were fired from your job, you are not entitled to backpay, and you will not be able to get back to your job as you lack the proper immigration documents.

• Will you be deported if you file a discrimination case against your employer in Hayward?

  You will not be deported if you file a complaint against discrimination from your employer in Hayward. Immigration status does not matter in the investigation process of the discrimination case unless you are also seeking backpays and job reinstatement. Immigration and Customs Enforcement respects worker's labor rights especially if there is presence of a discrimination lawsuit or labor dispute.

• If you are 50 years old and your employer has bypassed you for any promotions at work in Hayward, can you file a complaint of age discrimination?

  You can file an age discrimination complaint against your employer if you have been bypassed for any promotion at work in Hayward if you are 50 years old. You are protected by the California Fair Employment and Housing Act, which prohibits employers from committing harassment and discrimination based on gender, race, age, religion, medical condition, and marital status. You can file a claim at the California Department of Fair Employment and Housing office within one year of the incident.

• 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.