Best Employment Lawyers in Fall River

FAQs

• What is the non-emergency contact number for the local police station in Fall River, Massachusetts?

  The Fall River Police Department can be reached at (508) 676-8511 for non-emergency concerns.

• Where can I get a copy of police reports for incidents related to my case in Fall River, Massachusetts?

  To get a police report copy, submit a written request to the Fall River Police Department. You can also mail or email the request using the addresses below.

  Mailing Address: Fall River Police Department C/O Records Access Officer 685 Pleasant St. Fall River, Massachusetts 02721-4305

  Email Address: publicrecords@frpd.org

  You should get a response in 10 working days. Note that the report copy will be sent in electronic format unless the requested is unable to access or receive electronic files. A paper copy in black and white typically cost $0.05, except for accident reports which cost $5. For assistance, you can reach Records Access Officers at (508) 676-8511 ext. 134 and 135.

• What types of wage deductions are considered illegal in Fall River?

  Illegal payroll deductions are items that are for the employer’s benefit. If you received a deduction for any of the items below at your Fall River work, you may have a Wage Act claim:

  • Background checking
  • Drug and alcohol testing
  • Physical and medical examination
  • Cash register loss, machinery or employer goods breakage
  • Protective or safety clothing and equipment
  • Gratuities
  • Uniforms (if you didn’t sign and uniform deposit waiver)
  • Applicant or employee photography

• Is it legal to make employees work on meal breaks in Fall River?

  Meal breaks should be completely off-duty and allow the employee to step out of the workplace if they choose. Employees in Fall River working at least six hours are entitled to a meal break minimum of 30 minutes. If your employer asks you to work on a meal break, you should be compensated for it.

• Can you use your earned sick leave to take care of family members in Fall River?

  Yes, because Massachusetts General Laws Section 148C a.k.a. Massachusetts Sick Time Law allows Fall River employees to use sick time leaves for the following reasons:

  • Care for their own illness
  • Care for a family member’s illness
  • Go to their own or their family member’s medical appointments
  • Address the effects of domestic violence

  This law covers physical and mental conditions, injuries, and conditions requiring home care. Family members included are the employee’s spouse, children, parents, and the parents of the spouse.

• Is earned sick time paid or unpaid in Fall River?

  It depends on the number of employees in the establishment. “Employees” include full-time, part-time, and temporary workers. If the Fall River employer has over 10 employees, those employees are entitled to 40 hours of paid sick time each year. Meanwhile, if there are only 10 or fewer employees, the employees are still entitled to 40 hours of sick time yearly but unpaid.

• Can you sue your employer directly for wage and hour violations like unpaid wages in Fall River?

  You must first file a complaint with the Attorney General’s Office and indicate that you seek a “private right of action.“ You should receive permission from AGO for the right to sue privately in four weeks. For lawsuits worth $7,000, you can file with the Small Claims Court. Meanwhile, if your unpaid wages amount to $50,000, you can sue the Fall River employer in District Court. Lawsuits involving unpaid wages over $50,000 are filed with the Superior Court.

• 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.