Best Employment Lawyers in San Jose, CA

FAQs

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

  For non-emergency matters, call the San Jose Police Department at 408-277-8900.

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

  To get information about how to obtain a copy of a police report related to your case in San Jose, call the Report Processing Unit at 408-277-4261.

• What should you prepare for your first meeting with a San Jose employment lawyer?

  Make sure to gather all documents relevant to your case before meeting with a San Jose employment lawyer. Employment contracts, performance reviews, severance agreements, and office memos are examples of such documents. If you are suing for harassment, bring any evidence you have in relation to the incidents, such as a written log of all discriminatory behaviors, photos, and videos.

• Are whistleblowers protected from their employers in San Jose?

  Both federal and state laws protect whistleblowers, or employees who report instances of wrongdoing by their employers to the appropriate government agencies. If the employee suffers a negative employment consequence as a result of reporting the wrongdoing, their employer in San Jose may be held liable for all losses suffered by the employee. Employees who cooperate with any government investigation will also be given additional protection.

• Can an employer in San Jose hire you to work for less than the minimum wage?

  No. Employers who pay employees less than the minimum wage in San Jose are breaking the law. The minimum wage is an employer obligation that cannot be waived through any form of agreement, even if you were involved in the bargaining process. If you are paid less than the minimum wage, you can file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner's Office) or sue your employer in a court of law to recover your lost wages.

• Are you allowed to hire your own child to work at your business in San Jose?

  Yes, you can hire your child to work at your San Jose business as long as you obtain a work permit if your child is a minor. Remember that the number of hours your child is permitted to work will be specified on the work permit, which is usually available at your child's school. Furthermore, you cannot hire a minor if your business endangers their health or life.

• Can you change your employment lawyer in San Jose if you are not happy with their services?

  Yes, you have the right to change lawyers if you are dissatisfied with the services of the San Jose employment lawyer you hired. Your new lawyer can notify your former attorney that you have decided to work with a different lawyer for your case. Your new attorney will most likely split the total fee with your previous attorney for payment.

• 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.