Best Employment Lawyers in Santa Barbara, CA

FAQs

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

  Call (805) 882-8900 to report non-emergencies to the local police station in Santa Barbara.

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

  Get a copy of the police report for an employment-related incident in Santa Barbra at the Records Unit. You can request through the following: By email: records@sbsheriff.org By fax: (805) 681-5346 In person: 4434 Calle Real Santa Barbara, CA 93110 By mail: P.O. Box 6427, Santa Barbara, CA 93160-6427 Access the request form here: https://www.sbsheriff.org/wp-content/uploads/2021/10/Report-Request-Form_10212021.pdf. The office is open on weekdays from 8 a.m. to 5 p.m. Call (805) 681-4180 to confirm the availability of the report and for further assistance.

• Can employers in Santa Barbara terminate an employee without warning?

  In Santa Barbara, employers can terminate an employee without warning, but only if the termination is for a valid reason, such as poor performance or misconduct. If an employee is terminated for a discriminatory reason, such as race, gender, or age, or for a retaliatory reason, such as complaining about illegal activity, the employee may have a wrongful termination claim. Employees who believe they have been wrongfully terminated have two years from the date of termination to file a lawsuit.

• When can employees face disciplinary actions for drug and alcohol use in Santa Barbara?

  In Santa Barbara, employees may face disciplinary actions if they use drugs or alcohol while working or if they show up at work with a blood alcohol level of at least 0.08%. Those who test positive for drugs may also face sanctions. However, if an employee has a medical reason for taking drugs, they may be exempt from consequences as long as it does not affect their work performance or coworkers.

• Are supervisors allowed to take a leave for one year without pay in Santa Barbara?

  Yes, supervisors are allowed to take a leave for one year without pay in Santa Barbara. However, they must provide a valid reason such as pursuing education. However, if the individual is taking a leave of absence due to medical reasons, the government will pay for their insurance contribution during the first 90 days of their leave or a longer period allowed under the FMLA/CFRA Family Care and Medical Leave Policy.

• Are employers in Santa Barbara allowed to change the schedule of their employees abruptly?

  Yes, employers in Santa Barbara are allowed to change the schedule of their employees abruptly as long as it is an emergency under city laws. Otherwise, they must inform their employees 48 hours in advance of any schedule changes. Additionally, it is against the law for employers to modify an employee's schedule to avoid paying overtime.

• When can employees sue their employers for wage theft in Santa Barbara?

  Employees can sue their employers for wage theft in Santa Barbara if they are paid less than the minimum wage or are not given overtime pay, tips, bonuses, vacation pay, and commissions. Those who are prohibited from accessing payroll records and taking paid sick leaves are also eligible to take legal action. Additionally, making unauthorized deductions and failing to reimburse work-related expenses are considered wage theft.

• 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.