San Jose Wrongful Termination Lawyers

San Jose and federal law protects workers like you from being penalized or dismissed from work for complaining about unlawful conduct or engaging in protected activities. This illegal dismissal is wrongful termination retaliation.

San Jose Wrongful Termination Comes in Many Forms

Wrongful termination happens when an employment relationship is ended by an employer in violation of the employee’s legal rights.⁠ In San Jose, wrongful termination claims can arise when an employer violates a state or federal statute,⁠ general principles of public policy, the worker’s employment contract, or some other aspect of the law.

Types of Wrongful Termination

Age
Race, Color, Ancestry or Nation of Origin
Disability or Medical Condition
Marital or Family Status
Gender Identity or Expression
Sexual Orientation
Religion or Religious Expression

Wrongful Termination Retaliation

California law makes it illegal to fire an employee for engaging in certain legally protected activities, including:

Making complaints about discrimination or harassment
Taking a medically necessary leave
Serving jury duty
Serving in the military
Taking time off to vote
Seeking to form a union
Participating in workplace investigations

Retaliatory Punishment

Termination isn’t the only negative job action employees may experience due to their participation in a legally protected activity. Retaliation can take a number of more-subtle forms, including:

Demotion
Disciplinary actions
Salary reduction
Job or shift reassignment

Termination That Violates Contractual Terms

Legally-binding employment contracts can often supersede the “at-will” employment relationship. Your termination may be in wrongful breach of contract if your employer has failed to meet its contracted promises of job security, including:

Written or verbal agreements that stipulate you can only be fired for good cause
A guarantee of continuous employment for a certain duration of time
A contractual obligation to be provided with notice in advance of a termination
Situations where an employer’s established performance management protocol was not properly followed prior to termination.

Our Approach

Our Practices are Guided by Integrity. We’ll protect what you deserve.

We work tirelessly and fight tenaciously to hold rights abusers accountable.

If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.

Did You Know?

Retaliation

Federal and state laws protect employees from retaliation for reporting unlawful or unsafe working conditions either within the organization or to government agencies.

Quiet Firing

In California, quiet firing, also known as constructive discharge, occurs when an employer creates a work environment so intolerable that a reasonable person would feel compelled to resign.

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

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