San Jose Employment Lawyer

Last updated on October 11, 2026

California gives workers some of the strongest employment protections in the country, but knowing those rights and being able to act on them are two different things. At Jachimowicz Law Group, our San Jose employment lawyers have represented employees and employers across Santa Clara County and Silicon Valley for more than 40 years. We know California employment law from both sides of the relationship, and we use that experience to build sharper, more effective cases for every client we take on.

If you are facing an employment dispute in San Jose or anywhere in Northern California, contact us at 408-550-1732 to schedule a free initial consultation.

Employment Matters We Handle In San Jose

California employment law is broad and the stakes in these disputes are high. Our attorneys handle a full range of employment matters for both employees and employers, including:

• Wrongful termination: California is an at-will employment state, but the exceptions to that rule are extensive. Terminations that violate FEHA, public policy, or a written or implied employment agreement can give rise to a wrongful discharge claim.
• Workplace discrimination: The Fair Employment and Housing Act prohibits discrimination based on race, sex, age, disability, religion, sexual orientation, gender identity, national origin and other protected characteristics. FEHA covers employers with as few as five employees and goes further than federal law in several areas.
• Sexual harassment: Both quid pro quo harassment and hostile work environment claims are actionable under California law, and employers have an affirmative duty to prevent and address harassment in the workplace.
• Retaliation and whistleblower claims: Employees who report violations, file complaints or exercise their legal rights are protected from retaliation under Labor Code § 1102.5 and related statutes.
• Wage and hour disputes: Unpaid overtime, missed meal and rest breaks, misclassification and minimum wage violations are among the most common employment claims filed in California.
• Family and Medical Leave Act and CFRA claims: Federal and state leave law protects eligible employees from interference with, or retaliation for taking, protected leave.
• ADA and disability accommodation claims: Both federal and California law require employers to engage in a good-faith interactive process and provide reasonable accommodations for qualified employees with disabilities.
• ERISA claims: Federal ERISA governs employee benefit plans, and violations of plan terms or fiduciary duties can support civil claims for benefits and other relief.

This page is an overview of the firm’s employment practice. Each of the areas above has its own dedicated page with more detailed information.

California Employee Rights Worth Knowing

California law provides protections that go well beyond what federal law requires. A few of the most important ones for workers in the San Jose area:

California presumes employment is at-will, but that presumption has real limits. A termination that violates a statute, a public policy or the terms of an employment agreement can still give rise to a wrongful discharge claim.

FEHA’s anti-discrimination protections apply to employers with five or more employees, compared to fifteen under Title VII, meaning many smaller Bay Area employers are covered under state law even when federal law does not apply.

Retaliation protections cover a wide range of protected activity, including filing a wage claim, taking medical leave, reporting a safety violation, complaining about discrimination and participating in a workplace investigation.

Wage and hour law in California is among the strictest in the country, with specific requirements around overtime calculation, meal periods, rest breaks and final paycheck timing. Violations carry statutory penalties in addition to the underlying unpaid wages.

When To Contact A San Jose Employment Attorney

Most employment situations benefit from early legal advice, even when it is not yet clear whether a claim exists. Consider contacting an employment lawyer if:

• You have been terminated under circumstances that feel connected to a complaint you made, a protected characteristic or a medical condition
• Your employer has asked you to sign a severance agreement, noncompete or arbitration clause
• You are owed wages, overtime or expense reimbursements your employer has not paid
• You have experienced harassment or discrimination and are unsure how to document or report it
• You are an employer facing a complaint, an administrative charge or the threat of litigation

California has deadlines for filing administrative complaints and civil lawsuits that vary by claim type, and missing them can eliminate an otherwise valid case. Early consultation gives you time to understand your options before those windows close.

Potential Remedies In An Employment Law Claim

What a successful employment claim can recover depends on the type of case, the facts and the applicable law. Common categories of relief include:

• Lost wages and benefits, including back pay for wages already lost and front pay for future earnings in some cases
• Emotional distress damages, which California courts have awarded in discrimination, harassment and retaliation cases
• Punitive damages, available in cases involving malice, oppression or fraud by the employer
• Attorney’s fees, recoverable by prevailing plaintiffs in FEHA, wage and certain other statutory claims
• Reinstatement or policy changes, which courts can order in addition to monetary relief

Most employment matters are resolved through negotiation or mediation before reaching trial. When settlement is not achievable, our trial attorneys are prepared to take cases to court.

Frequently Asked Questions About Employment Law In San Jose

California employment law raises a lot of questions, especially when a workplace situation is still unfolding. Here are answers to three we hear most often.

When should I contact an employment lawyer in California?

The right time to contact an employment lawyer is before you sign anything, before you respond to an employer’s investigation and before any administrative deadline passes. Many clients wait until a situation has escalated, which can limit options that would have been available earlier. A consultation early in the process costs nothing and can clarify whether what you are experiencing crosses a legal line, what evidence to preserve and what steps to take next without jeopardizing your position.

What types of cases does an employment lawyer handle?

Employment lawyers handle disputes arising from the employment relationship, including wrongful termination, discrimination, harassment, retaliation, wage and hour violations, leave interference, disability accommodation failures, whistleblower retaliation and contract disputes. On the employer side, employment lawyers also defend against claims, advise on policies and procedures, and handle severance and separation agreements. Our firm represents both employees and employers across Santa Clara County and Silicon Valley, which gives us a broader view of how these disputes develop and resolve.

What compensation may be available in an employment law claim?

The compensation available depends on the type of claim and the specific facts. Wage claims can recover unpaid wages plus statutory penalties. Discrimination, harassment and retaliation claims can support lost wages, emotional distress damages, punitive damages in certain cases and attorney’s fees if you prevail. Wrongful termination claims can include both economic losses and noneconomic damages. An attorney reviewing your specific situation can give you a realistic picture of what your case might actually support.

Contact Our San Jose Employment Law Attorneys

Whether you are an employee whose rights have been violated or an employer facing a claim, our attorneys are ready to listen and give you an honest assessment of your situation. Our San Jose employment lawyers have been recognized among the best in the area for employment discrimination and sexual harassment matters, and we bring that same depth of experience to every employment dispute we handle.

Call 408-550-1732 or contact us online to schedule your free initial consultation.