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San Jose wrongful termination lawyers, wrongfully terminated, wrongful termination lawsuit, California employers, California employeeUnder California law, an employee who is wrongfully terminated is allowed to sue his or her former employer and, if the employee is able to prove his or her case, may recover a variety of different types of damages. This article briefly examines the definition of wrongful termination and also takes a look at the various possible remedies available to wrongfully terminated employees in California.

What is Wrongful Termination?

In California, most employees work “at-will,” which means that they do not have a specified term of employment and, according to section 2922 of the California Labor Code, may have their employment terminated at the will of their employer. In other words, a California employer may terminate an at-will California employee for pretty much any reason.


whistleblower protections, San Jose employment law attorneys, workplace harassment, discriminationWorkers have rights which protect their health, safety, and wellbeing on the job. When the company you work for violates these rights there are options available to hold them accountable. Unfortunately, those who do speak up often face retaliatory actions, such as harassment, being denied a promotion, and even being let go from their job. Whistleblower protections help to prevent your employer from taking these types of negative actions, and can help to defend your rights to work as well as your income and benefits.

California Whistleblower Protections

Employees are encouraged to speak up against discrimination, unfair policies, and unsafe practices that occur in the workplace, and the state has specific laws to protect them when they do. The California Department of Industrial Relations (DIR) advises that employees should notify their office or other government agencies so that their accusations can be investigated and appropriate actions against the employers can be taken. The DIR is aware that employees in these situations often risk their positions and their reputations within the company when they do speak out, which is why whistleblower protections are in place.


San Jose employment law attorneys, hostile workplace environment, filing a grievance, employment law, workplace harassmentFor some people, going to work each day is like stepping onto a battlefield. Harassment from coworkers or managers, and an overall hostile work environment, can derail your career while taking a considerable toll on your health and well being. As attorneys adept at handling cases involving employment law, we can help defend you in these types of claims. Certain types of practices, which are prohibited by state and federal laws, could entitle you to file a lawsuit against your employers, particularly if they have no established policies in place to address your grievances.

Hostile Work Environment

A hostile work environment may be one in which you are discriminated against on the basis of your age, race, gender, sexual orientation, nationality, or religion. Or, it may be one in which fundamentally unfair policies and practices are allowed to flourish. This could include any of the following:


age discrimination claim, San Jose age discrimination lawyer, California employment law, workplace discrimination, Workplace discrimination lawsuitEmployment law in the United States makes it illegal for employers to deny or limit the employment opportunities available to job applicants and employees based on their advanced age. Therefore, a California worker who has been discriminated against in the workplace based on their age and, as a result, has suffered an adverse employment action (for example, has been denied employment, had his or her pay reduced, was refused employment benefits, had his or her hours cut, was terminated, etc.) can file an age discrimination claim if he or she is of a qualifying age.

There are several different laws under which an age discrimination claim can be filed and the majority of these claims are filed under the federal Age Discrimination in Employment Act (ADEA). Consider the following information as to how one can pursue an age discrimination claim under the ADEA.

Pursuing an Age Discrimination Claim Under the ADEA


severance packages, San Jose severance agreement and termination attorney, severance agreement, California termination laws, wrongful terminationUnder the right conditions, a severance package (i.e. a payment made from an employer to an employee when the employee is terminated) can be a great thing. Sometimes a departing employee will be offered a severance package substantial enough to afford him or her the opportunity to vacation before starting up with a new company or enable him or her to search for a new job without being financially strained.

However, it is important to note that before an employee receives a severance package, he or she is almost always asked to sign a severance agreement in which he or she agrees to accept the promised severance package in exchange for giving up certain rights. Most commonly the employee is asked give up his or her right to sue the employer. Sometimes, signing away the right to sue is in the employee’s best interest. However, in other instances it is a huge mistake. Therefore, if you are wondering whether or not you should sign a proposed severance agreement in California be sure to read through the frequently asked questions that are answered below and then contact a local employment lawyer with any case specific questions that you may have.

Q: What sort of rights are employees generally asked to waive in severance agreements?







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