Best Employment Lawyers in Mission Viejo

FAQs

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

  949-770-6011 is the non-emergency line for the local police station in Mission Viejo.

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

  You can obtain a copy of a police report in person, by fax, or via mail. You can mail your completed forms to the Orange County Sheriff's Department, P.O. Box 449, Santa Ana, CA 92702. You can fax your requests to (714) 834-5466.

• How much do employment lawyers charge in Mission Viejo?

  In California, employment lawyers may work on a contingency basis or provide an hourly rate for their legal services. Employment attorneys charge around $98 to $450 per hour in Mission Viejo. Their rates may vary depending on factors such as years or decades of experience, level of expertise, and the amount of work required for the case.

• What is the statute of limitations for wage claims in Mission Viejo?

  The statute of limitations for unpaid wage claims in California is generally within three years. However, it may vary depending on the type of your claim. Claims involving minimum wage violations, failure to pay overtime and sick leaves, and meal and rest break violations have a three-year statute of limitations in Mission Viejo. The statute of limitations is four years if your claim involves an employer who violated a written contract.

• What qualifies as wrongful termination in Mission Viejo?

  Wrongful termination involves retaliation, discrimination, harassment, and whistleblowing. You can prove wrongful discharge if you have evidence that your termination was motivated by discrimination, a violation of public policy, employer retaliation, and a breach of contract in Mission Viejo. If this occurs, you should gather proof and speak with a wrongful termination attorney who can advise you on your legal options.

• Can an employer terminate you immediately in Mission Viejo?

  In California, you or your employer may terminate your employment relationship at any time, in person, via text message, email, or letter, unless prohibited by a collective bargaining agreement. This is because California is an at-will employment state. However, you may still file wrongful termination claims if your discharge was motivated by retaliatory or discriminatory reasons in Mission Viejo.

• How long do you have to file a complaint for workplace discrimination in Mission Viejo?

  Generally, you have to file a complaint within three years from the last incident of employment discrimination in Mission Viejo. You must also obtain a Right-to-Sue notice to file a lawsuit in the civil court in California. However, you have 180 days to file a federal employment discrimination complaint. Additionally, you have 300 days to file an EEOC complaint. The timeline may vary depending on the complexity of the case and where you file your complaint.

• 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.