Best Hiring & Firing Lawyers in Fresno

About Hiring & Firing Law in Fresno, United States:

Hiring & Firing law in Fresno, United States governs the legal rights and obligations of employers and employees in the hiring and termination process. It covers areas such as discrimination, wrongful termination, wage and hour laws, and more.

Why You May Need a Lawyer:

You may need a lawyer in Hiring & Firing situations if you are facing discrimination, harassment, retaliation, or wrongful termination at your workplace. A lawyer can help you understand your rights, negotiate on your behalf, or represent you in legal proceedings.

Local Laws Overview:

In Fresno, United States, employers are prohibited from discriminating against employees based on characteristics such as race, gender, religion, or disability. California also has strict wage and hour laws that govern issues like minimum wage, overtime pay, and meal breaks.

Frequently Asked Questions:

1. Can my employer fire me without any reason?

California is an at-will employment state, meaning employers can generally terminate employees for any reason, as long as it's not discriminatory or retaliatory.

2. What should I do if I believe I'm being discriminated against at work?

You should document the incidents, report them to HR or your supervisor, and consider consulting with an employment lawyer to explore your legal options.

3. Am I entitled to severance pay if I'm laid off?

In California, there is no legal requirement for employers to provide severance pay unless it's outlined in your employment contract or company policy.

4. How do I file a wrongful termination claim?

You can file a claim with the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission. It's advisable to seek legal assistance for this process.

5. Can my employer change my job responsibilities without my consent?

If the changes are substantial and negatively impact your employment, you may have legal recourse. Consult with an attorney to assess your options.

6. What are the laws regarding background checks for job applicants in Fresno?

Employers must comply with the Fair Credit Reporting Act when conducting background checks on job applicants. They must obtain consent and inform applicants if adverse actions are taken based on the report.

7. Can I be fired for filing a workers' compensation claim?

Retaliation for filing a workers' compensation claim is illegal. If you believe you were terminated for this reason, consult with an attorney to explore your legal options.

8. Are non-compete agreements enforceable in Fresno?

Non-compete agreements are generally disfavored in California and may be unenforceable, except in limited circumstances. Consult with a lawyer to review the terms of your agreement.

9. What is the statute of limitations for filing a discrimination claim in Fresno?

In California, the deadline for filing a discrimination claim with the Department of Fair Employment and Housing is one year from the date of the alleged violation.

10. How can I prove wrongful termination in court?

You can prove wrongful termination by providing evidence of discriminatory intent, retaliation, or violation of public policy. A lawyer can help you gather the necessary documentation and build your case.

Additional Resources:

- California Department of Fair Employment and Housing - Equal Employment Opportunity Commission - Fresno County Bar Association - Legal Aid Society of Fresno

Next Steps:

If you believe you have been unlawfully treated in a hiring or firing situation in Fresno, United States, consider consulting with an experienced employment lawyer to understand your rights and options. They can provide personalized guidance based on your circumstances and help you navigate the legal process.