Best Employment Lawyers in Modesto, CA

FAQs

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

  Residents can reach the Modesto Police Department at (209) 552-2470 for non-emergency issues.

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

  You have two options for obtaining a police report. The first option is to visit the main police station at 600 10th St, Modesto, CA 95354. During your visit, you will be required to fill out a form with your name, address, phone number, and the reason for your request. Alternatively, you can mail your completed request form with a check or money order to the abovementioned address.

• What kinds of compensations can be pursued in Modesto when discrimination laws are violated?

  If you've faced workplace discrimination in Modesto, here are your compensation options:

  • Economic damages: You can receive wages you would have earned if not unfairly terminated.
  • Emotional distress damages: Compensation for psychological pain caused by discrimination, such as stress, depression, and mental suffering.
  • Attorney's fees: California's laws allow potential reimbursement of attorney's fees.
  • Punitive damages: These are granted to punish businesses for discriminating against employees and deter others from engaging in similar behavior.

• What are the most common types of retaliation cases in Modesto?

  Common retaliation cases in Modesto include:

  • Unpaid wages: Employees can complain to the Labor Commissioner if they believe they have been underpaid. Retaliation for reporting unpaid wages is prohibited by California labor law.
  • Unsafe working conditions: Employers cannot take adverse action against workers who report harassment, unsafe conditions, or safety violations to authorities like OSHA.
  • Illegal work practices: Employees cannot be punished for refusing to participate in criminal activity, reporting workplace wrongdoing, or assisting in investigations of illegal activity.

• Is it possible to initiate legal action against your employer in Modesto if they refuse to grant you a requested leave of absence?

  Employees can sue their employers if they are denied the right to take an unrestricted leave of absence. In Modesto, employers cannot obstruct an employee's protected leave rights. Protected leaves include medical leave for oneself or a family member's serious health condition. Employees may be qualified to initiate a lawsuit for violating leave rules if they are denied the option to take protected leave or face punishment or discrimination for requesting or taking leave.

• How do you know if you are entitled for overtime pay in Modesto?

  In Modesto, eligibility for overtime pay depends on meeting exempt status criteria. Exemptions from the Fair Labor Standards Act mean no entitlement to overtime pay, while non-exempt individuals are eligible for overtime pay. Exemptions include:

  • Executive: Managing firms or departments for over 50% of working hours.
  • Administrative: Assisting an exempt individual with significant business matters for over 50% of working hours.
  • Professional: Holding specific professional licenses.
  • Computer software professional: Working in highly theoretical areas of computer software.

• Do you need to hire a lawyer for your workplace dispute in Modesto?

  While it is not obligatory to have legal representation when asserting your workplace rights, it is advised due to the intricate nature of such cases. Without legal expertise, employees may struggle to comprehend complex legal principles and regulations, and employers often vigorously challenge allegations. By working with a lawyer in Modesto, you can gain a comprehensive understanding of your legal rights and explore available options. Moreover, you will have outspoken advocates who will assist you in pursuing a favorable resolution.

• 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.