San Jose Wrongful Termination Lawyers

San Jose is one of the most attractive locations in America. It’s a cultural, financial, and technical hub of Silicon Valley. San Jose is the largest city in Northern California with an ideal sunny Mediterranean climate. San Jose is home to many of the world’s millionaires and billionaires. The beauty of San Jose means that when a worker has invested time making roots in the city – only to be wrongfully terminated – the consequences are financially and emotionally devastating.

Workers in the technical sector, hospitals, construction, schools, financial and other, and other professions work extremely hard to develop the education, skills, and experience to be hired. Many San Jose jobs pay high wages. It’s simply not right then for a San Jose employer to fire anyone based on his or her race, gender, sexual orientation, age, pregnancy status, religion, or other identity factors. At Miracle Law Group, our San Jose wrongful termination lawyers are seasoned employment lawyers. We understand the unique challenges in filing wrongful termination claims. Our lawyers demand that workers who lose their jobs unjustly be reinstated and receive full compensation for their losses.

• When can I file a wrongful termination claim in San Jose?
• What laws protect employees from wrongful termination in San Jose?
• Can I be fired if I work based on a written contract or a collective bargaining contract?
• Can I be fired for asserting my employee rights in San Jose?
• What damages can I seek if I’m wrongfully terminated in San Jose?
• How does your firm fight for employees who are wrongfully terminated? 
• How much time do I have to file a wrongful death claim in San Jose?

Wrongful termination claims begin with claims that are filed before federal or state agencies. Federal claims are filed before the Equal Employment Opportunity Commission (EEOC). State claims are filed before the California Department of Fair Employment and Housing (CDFEH). If your claim cannot be resolved by the EEOC or CDFEH, we then file your San Jose wrongful termination claim in federal or state court.

Generally, unless you have a written contract, you can be fired at will – for any reason. Employers often need to downsize due to limited profits. Companies may downsize or end because of a change in ownership. 

There are limitations. Companies in San Jose cannot discriminate against you when they discharge you. This means they cannot fire you in violation of any federal or state discrimination laws. Discrimination laws protect workers from discharge based on their identity characteristics such as race, gender, age, disability, sexual orientation, pregnancy, or even if you filed a whistleblower complaint. 

The large corporations in San Jose can hire the top employment lawyers in the county. You need experienced wrongful termination lawyers who have the experience and resources to challenge the big defense firms. You need Miracle Law Group on your side.

Wrongful termination claims begin with claims that are filed before federal or state agencies. Federal claims are filed before the Equal Employment Opportunity Commission (EEOC). State claims are filed before the California Department of Fair Employment and Housing (CDFEH). If your claim cannot be resolved by the EEOC or CDFEH, we then file your San Jose wrongful termination claim in federal or state court.

Generally, unless you have a written contract, you can be fired at will – for any reason. Employers often need to downsize due to limited profits. Companies may downsize or end because of a change in ownership. 

There are limitations. Companies in San Jose cannot discriminate against you when they discharge you. This means they cannot fire you in violation of any federal or state discrimination laws. Discrimination laws protect workers from discharge based on their identity characteristics such as race, gender, age, disability, sexual orientation, pregnancy, or even if you filed a whistleblower complaint. 

The large corporations in San Jose can hire the top employment lawyers in the county. You need experienced wrongful termination lawyers who have the experience and resources to challenge the big defense firms. You need Miracle Law Group on your side.

Our San Jose wrongful termination file claims based on violations of Title VII of the federal Civil Rights Act of 1964. This federal law is a discrimination law that protects workers in companies with 15 or more employees from being fired based on their race, color, sexual orientation, or religion. The Equal Employment Opportunity Commission (EEOC) has the authority to investigate wrongful termination claims based on discrimination. 

Employers include “one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-­stock companies, trusts, unincorporated organizations, trustees, and other entities.”

Our San Jose wrongful termination lawyers also file wrongful termination claims based on the following types of discrimination: Age (over 40), marital status, military status, national origin, pregnancy, genetic information, and other factors including gender. The laws that protect these rights include:

• The Americans with Disabilities Act (ADA)
• The Age Discrimination in Employment Act (ADEA)
• The California Fair Employment and Housing Act (FEHA).

At Miracle Mile Law Group, we’ll explain the requirements for filing a wrongful termination claim based on discrimination, the evidence you need, and what your remedies are.

Many workers do not have written contracts or collective bargaining contracts. With some exceptions, these workers can be fired at-will provided the employer does not violate any discrimination laws.

Workers (such as workers with technical skills, business, skills, unique skills, or supervisory workers) who do have a contract can file wrongful termination claims based on the terms of the employment contract. Likewise, workers who are covered by a collective bargaining agreement can file wrongful termination claims based on the terms of the collective bargaining agreement.

San Jose employers are bound by the terms of the written contracts and collective bargaining agreements which often provide that an employer can only be discharged:

• For failing to meet specific goals and company performance standards.
• Acts of fraud or dishonesty
• Working for a competitor

You have the right to assert your rights. Employers cannot retaliate against you for seeking employment benefits that are due to you, filing complaints to protect your rights, and for helping other employees assert their rights. There are federal and state laws that specifically prohibit employer retaliation. Our San Jose wrongful termination lawyers demand that you be reinstated and receive full compensation for any losses when employers wrongfully terminate you for filing:

• A workplace discrimination case
• A sexual harassment or sexual abuse case
• A claim for family leave benefits – pursuant to federal or California law
• A whistleblower claim under federal or California law
• A worker’s compensation claim

We also file wrongful termination claims if a San Jose employer discharges you for:

• Testifying on behalf of a coworker who filed an employment case
• Taking the time to vote
• Serving on a jury if called to serve
• Asserting other employee rights

If you were discharged or suffered adverse employment consequences for asserting your rights, call our San Jose wrongful termination lawyers today.

At Miracle Mile Law Group, our San Jose wrongful termination lawyers demand full compensation including:

• Job reinstatement
• All back pay
• All back benefits
• Any statutory damages
• Legal fees
• Interest on any damages

You have the right to hold employers responsible for firing you after all the work you did for your employer – if the discharge was wrongful.

Employers won’t admit that they fired you due to discrimination or violating your contractual rights. They often make excuses to say the firing was based on performance. Our skilled San Jose wrongful termination lawyers work aggressively to show the actual cause of your discharge, and employer misconduct, and to show you were a competent valuable employee. 

We demand that employers provide your performance records. We speak with all relevant witnesses and question employers, supervisors, and co-workers under oath when necessary. Our lawyers understand what laws protect your rights and the evidence you need to prove your claim. We’re experienced at trying cases in both federal and state courts.

While California is generally favorable to employees, the Fair Employment and Housing Act (FEHA) gives employees only one year from the wrongful termination or discriminatory act to obtain a right-to-sue letter. Once you obtain that letter you are given an extra year to file a civil suit in a court of law. Our San Jose wrongful termination lawyers understand the federal and state timelines, laws, and procedures.

If you believe you were wrongfully terminated from your job, our San Jose wrongful termination lawyers are ready to help you assert your rights.

To discuss your San Jose wrongful termination claim, call the Miracle Mile Law Group now. We’ve helped numerous clients across California obtain strong and just results. You can phone us at (888) 244-0706 or contact us for a FREE case evaluation.