San Jose Wrongful Termination Attorney

Wrongful termination can include firing an employee on the basis of race, gender, religion, disability, sexual orientation, age, or any other protected class status. It could also refer to firing someone in retaliation for reporting unsafe working conditions, workplace harassment, or wage and hour violations. Another common example of wrongful termination includes laying off an employee for exercising their rights under labor laws, such as the Family and Medical Leave Act (FMLA). Both the federal government and the state of California have rules prohibiting the termination of an employee on these grounds. 

Any person who believes they have been wrongfully terminated can file a claim with the appropriate state or federal agency. Depending on the circumstances of the case and the applicable laws involved, this could be either the Equal Employment Opportunity Commission (EEOC) or the state’s labor department. Which of the two varies based on the facts of the case. The Wisdom Law Group APC can help you determine the best path for filing your case. We can also work with you to assess your situation and gather all relevant evidence demonstrating the violation. This may include pay stubs, performance reviews, emails from supervisors, and any other documents relevant to your case. 

During the state or federal agency investigation, both parties will be given opportunities to gather evidence and present their case. After all the evidence has been presented, both sides will be given an opportunity to reach a settlement. If no settlement is reached, then the case may proceed to trial where both sides will offer their arguments before a judge. The judge will make the ultimate determination regarding whether wrongful termination occurred. If so, the employer may be ordered to compensate the employee and/or reinstate them.