San Jose Employment Attorneys
Relentless advocates for the rights of San Jose workers. This is personal for us. We know the difference between right and wrong and have based our entire careers on reminding others of that distinction.
Respected San Jose employment lawyers for employees facing injustice in the workplace
Employees have rights. That bears repeating. If you work for a private, nonprofit, governmental, or any type of employer in California; then, with rare exceptions, you have the right to be judged based on your education, skills, and experience. San Jose employers who discriminate can be held civilly liable in federal or state courts for workplace discrimination, wage and hour violations, sexual harassment, contract violations, and other types of wrongs. Employees in San Jose who are not being hired, are not advancing, or who are discharged because of their identity characteristics or contract violations should seek legal help from experienced San Jose employment lawyers immediately.
At Miracle Mile Law Group, our San Jose employment lawyers have a strong record of success including several million dollar results in disability discrimination cases, and strong six-figure results in race discrimination, sexual harassment, whistleblower discrimination, disability discrimination, and other employee rights cases. We demand full compensation for your damages including lost income and benefits, the right to reasonable accommodations, job reinstatement, full minimum wage and overtime pay benefits, and other employment claims.
Commonly asked questions about employment law in San Jose
- What types of employment law cases do your San Jose employment lawyers handle?
- What types of workplace discrimination claims do you handle in San Jose?
- When can if file a San Jose claim for wrongful termination?
- Does your San Jose office handle wage, hour, and sick leave claims?
- What are the rights of San Jose employees to family and medical leave?
- What other San Jose employee rights claims do you handle?
What types of employment law cases do your San Jose employment lawyers handle?
Our lawyers are seasoned trial lawyers who argue San Jose employment cases in federal and state courts and federal and state agencies. We file individual claims and class action employee rights claims including:
- Workplace discrimination
- Workplace sexual harassment
- Wrongful termination
- Family and medical leave claims
- Overtime pay and minimum pay claims
- Whistleblower and Retaliation Claims
- Severance pay claims
- Many other types of employee rights claims
What types of workplace discrimination claims do you handle in San Jose?
At Miracle Mile Law Group, our San Jose employment discrimination lawyers represent workers who are discriminated against based on
- Race or ethnicity
- A disability – physical or mental
- Country of origin
- Age (if 40 or older)
- Sex, gender, and sexual orientation
- Military status
Many workplace discrimination claims are filed based on the Civil Rights Act of 1964, the Americans with Disabilities Act, The Equal Pay Act of 1963, Section 503 of the Rehabilitation Act of 1973, The Age Discrimination in Employment Act of 1967 (ADEA), and the California Fair Employment and Housing Act.
We file workplace discrimination claims when employers discriminate by denying applicants fair consideration for a job, not providing reasonable accommodations, not giving employees opportunities to for advancing, and firing employers – based on one or more of the listed identity categories.
If you experienced any type of discrimination, contact our San Jose employment attorneys today. Your consultation with our firm is free and always confidential.
When can if file a San Jose claim for wrongful termination?
Employees in San Jose can file a wrongful termination claim based on the following grounds:
- Workplace discrimination. The federal and state discrimination lawyers apply to most employers with at least 5 employees (California violations) and 15 employees (federal violations). Generally, employers cannot wrongfully discriminate when firing an employee if the firing is based on an employee’s race, gender, age, disability, national origin, or other identity factors.
- Asserting employee rights/Retaliation. Employers generally cannot fire an employee for asserting specific legal rights such as serving on a jury, voting, agreeing to testify or support the claim of another worker, filing a sexual harassment claim, or filing a whistleblower claim.
- Violating the terms of a written contract or collective bargaining agreement. San Jose employers often have written contracts with employees who have unique skills, work in management, or for other reasons. Union workers are generally covered by a collective bargaining agreement. Employers must comply with the terms of the contracts. Many employment contracts provide that a worker cannot be discharged without good cause such as if certain performance standards are not met, or for other specific reasons.
- Failing to provide reasonable accommodations. Employers cannot discharge a worker who failed to do his/her job – because the employer failed to provide the worker with the reasonable (and required) accommodations to do the job. This condition often applies to workers who are disabled.
Employers in California must also comply with the WARN Act which “helps ensure advance notice in cases of qualified plant closings and mass layoffs.”
Does your San Jose office handle wage, hour, and sick leave claims?
Effective January 1, 2022, all San Jose employers:
“Who are subject to the San Jose Business License Tax or who maintain a facility in San Jose must pay to each employee who performs at least two (2) hours of work per week in San Jose wages of not less than $16.20 per hour.”
The San Jose ordinance applies to adults and minors – and does not include tips.
San Jose law gives:
“All essential workers impacted by COVID-19 an immediate 40 hours of paid sick leave with an additional hour of sick leave for every two hours worked, up to a cap of 80 hours for the duration of the public health emergency.
Our San Jose employment lawyers understand the other San Jose and California laws that govern minimum wage and sick leave coverage – including the right to hold employers accountable if they retaliate against a worker for filing a wage or sick leave claim.
California also requires that employers pay non-exempt employees overtime at time-and-a-half for workers who work more than 8 and less than or equal to 12 hours in a day or work a 7th workday in a week – and double pay for workers who work more than 12 hours a day. Employers also must provide employees with regular rest breaks. San Jose employers who fail to comply can be ordered to pay statutory damages.
Our San Jose employment attorneys file wage, sick leave, and overtime claims on behalf of workers and independent contractors.
Can you file a workplace harassment lawsuit in San Jose?
Workers have the right to expect that each day they work that they’ll be treated with the respect and dignity they deserve. Employers should never tolerate any type of sexual harassment in the workplace. This means employers must establish procedures to prevent and respond to acts by managers, supervisors, customers, clients, and other workers that make a worker feel uncomfortable because of their gender, sexual identity, or sexual preferences.
Work should never be conditioned on any type of sexual performance. Workers should never have to tolerate suggestive or disparaging remarks or indignities. When San Jose employers allow a hostile work environment to exist, the employers should be held accountable.
At Miracle Mile Law Group, our lawyers file claims based on the California Fair Employment and Housing Act (FEHA) which protects employees from sexual harassment and the creation of a hostile work environment. The FEHA applies more types of wrongful discharge than just sexual harassment. The law protects workers who suffer workplace harassment due to their race, national origin, religion, age, disability, gender identity, and sexual preferences.
At Miracle Mile Law Group, our San Jose harassment attorneys file complaints before the California Department of Fair Employment and Housing (DFEH) and in state and federal courts.
What are the rights of San Jose employees to family and medical leave?
California and the United States both have laws that provide for unpaid leave for families who need time to off to bond with newborns, adoptees, and other family members – and for attending to the healthcare needs of family members.
The applicable laws include:
- The Family and Medical Leave Act (FMLA)
- The California Family Rights Act (CFRA)
- The California Pregnancy Disability Leave law
The laws require that employers who are covered by the act provide employees with time off – provided the employees have enough work credits. The leave is generally for up to 12 weeks – and can be spread out during the year.
California also has laws that protect employees who need to participate in substance abuse treatment programs, court hearings, and other requirements.
San Jose employees who violate the federal or state family leave laws can be ordered to reinstate employees who were discharged and pay for any lost pay or benefits. Some statutory damages may also apply.
What other San Jose employee rights claims do you handle?
Our San Jose employment lawyers also advocate for employees who have claims for the following:
- Severance pay – based on an employment contract or collective bargaining contract.
- Protection from unauthorized or untimely background checks.
- Retirement benefits.
- The right to work for competitors after they leave a company.
- Use certain employer intellectual property.
- Some immigrant employee rights.
At Miracle Mile Law Group, our San Jose employment lawyers are respected by former clients, employers, and defense lawyers for our ability to thoroughly prepare your case, obtain relevant evidence and present your case in court.