Wrongful Termination in San Jose, CA
What Is Wrongful Termination?
Any employer has discretion over the hiring and firing of employees. Still, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates California law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
Under California’s Labor Code, employment relationships in San Jose operate at-will. This means that either the employer or employee may terminate employment with or without cause. However, this doctrine does not apply if there is a written contract or collective bargaining agreement that requires a “just” or “good” cause. Even without a contract, an employee can sue for wrongful termination for reasons of discrimination, retaliation, or violations of specific statutes. As well, employees in San Jose can sue for terminations that violate public policies set forth in statutes or regulations.
Types Of Wrongful Termination
In San Jose, there are many different instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney if you suspect wrongful termination. In the following paragraphs are some of the red flags that you should watch out for.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. State, federal, or local San Jose laws prohibit these reasons.
According to the National Conference of State Legislatures California is not a right-to-work state. Consequently, an employer and union in San Jose can negotiate a contract that requires an employee to pay union dues as a condition of employment. This can happen even if the employee chooses not to join the union.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.
If you believe that you have been penalized or fired in San Jose for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced San Jose, CA attorney can walk you through the process to help ensure the best possible outcome.
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
California Code protects San Jose employees who report illegal activity in the workplace. Specifically, a San Jose employer cannot retaliate if the employee reports wage law violations, child labor violations, or health and safety code violations. As well, public-sector employees in San Jose enjoy similar protection under California’s Whistleblower Protection Act.
There are some states that also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.
What To Do If You’ve Been Wrongfully Terminated In San Jose, California
Are you suffering from wrongful termination? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the laws that your employer has to follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.
You must typically file a federal complaint with the EEOC within 180 days of the discriminatory act. The EEOC may increase the deadline to 300 days if the discriminatory act also violates state and Santa Clara County laws.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process some time before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced San Jose, CA wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. San Jose employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.
You can begin the process by submitting an intake form online, or in person at the nearest office in Elk Grove. Alternatively, you can file a federal complaint with the San Jose Local Office of the Equal Employment Opportunity Commission.
Why You Should Hire A Wrongful Termination Lawyer in San Jose, California
Filing a wrongful termination lawsuit in San Jose, California can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to have someone listen helps to ease the burden they’ve been carrying.
We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced attorneys. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.
Our company charges no fees to connect you with the legal services you need. Some San Jose attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.
Are you ready to find a qualified San Jose attorney who can help you fight for your job or get justice for the wrongful termination you suffered?
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!