Best Employment Lawyers in Union City

FAQs

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

  Individuals reporting non-urgent concerns can call the Union City Police Department at its non-emergency line, 510-471-1365.

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

  The Union City Police Department's Records Unit handles all police reports and prepares copies for locals. If you need a police report, fill out a Report Request Form and send it to them. You can email it, deliver it by hand, or mail it through the USPS. If you're mailing it, make sure to send it to: City of Union City Police Department Attention: Records 34009 Alvarado-Niles Rd Union City, California, 94587

• What are the anti-discrimination regulations for employers in Union City?

  In Union City, regulations require employers to uphold non-discrimination and unjust termination policies for at-will staff members, which encompass union participants, government workers, and contract-bound employees. Dismissal based on characteristics like gender, age, sexual orientation, faith, race, political affiliation, or disability is not permissible. Infringement of these principles may result in legal penalties, permitting the affected workforce to initiate a lawsuit.

• What is Union City's stance on non-compete agreements and their enforceability?

  Union City typically discourages non-compete agreements due to the restriction they impose on fair competition. Their validity largely depends on their duration and specificity. In Union City, it's less probable for a non-compete clause to be enforced against an employee, as it restricts earning capabilities. However, it's frequently applied to a business seller benefiting from the sale. Engaging an attorney is recommended for creating or evaluating these clauses.

• What are the differences between "at-will employment" and "right-to-work" legislation, and how are these concepts applied in Union City?

  In Union City, "right to work" laws aren't applicable; thus, unionized workers may be obligated to pay union fees. "At-will employment," on the other hand, allows employers to terminate employees without direct cause. Still, it doesn't protect them from legal actions regarding discriminatory or retaliatory dismissals, breaches of specific laws, or firings against general principles. Businesses must maintain records indicating grounds for terminations to mitigate potential legal complications.

• What happens after a Union City employee files a wage dispute claim?

  After an employee in Union City files a wage dispute claim with the Division of Labor Standards Enforcement, a Deputy Labor Commissioner reviews it. The claim might lead to a conference or hearing or be dismissed based on merit. Unresolved conferences can escalate to hearings, where testimonies under oath are recorded. Post-hearing, an official decree is issued. This can be challenged in a competent civil court, which will evaluate additional evidence. DLSE can legally represent financially constrained employees on an appeal.

• What is the benchmark for full-time employment in Union City?

  Employees in Union City who work between 32 and 40 hours per week are deemed full-time. However, the definition shifted with the enforcement of the 2010 Affordable Care Act. This transformative health law, designed to broaden health insurance access and introduce market reforms, stipulates that any worker engaged for 30 or more hours weekly is considered full-time, while less indicates part-time employment.

• 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.