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We’re Here to Answer Your Questions about Employment Law

Contact Our Employment Lawyer in San Jose, CA for Help

In the state of California, there are certain laws that govern the relationship between employees and employers. These laws were put in place to protect both parties, and when these rules are violated, you have a right to fight back. The Law Office of Phillip J. Griego has the experience and knowledge you need to help you in these cases. As an employment lawyer in San Jose, CA, our office has helped both employees and employers receive the help they need in their legal matters. We understand this process may be confusing, but we’re here to help you through it. We’ve put together a list of our most frequently asked questions and provided the answers here to help you better understand your case. Contact us today if you have any additional questions.

What Constitutes Wrongful Termination?

Though employers are said to have the right to terminate employees “at will,” there are specific protections for employees. As an employee, you have rights, and there are certain situations where your employer is legally not allowed to let a person go. However, this doesn’t mean that employers still won’t fire you in one of these situations and attempt to cover it up under the guise of another reason. As a working employee, you are protected from being fired for any of the following reasons:

  • Age
  • Race
  • Pregnancy
  • Political views
  • Gender or gender identification
  • Physical or emotional disabilities
  • Military or veteran status
  • Family or medical leave

How Much Do You Charge for a Consultation?

If you would like to schedule a consultation with us, we encourage you to reach out to our office. A member of our staff will take your information and ask you for a few details about your case. We’ll also discuss fees at this time so you can get a better idea of what the cost of our services will be.

How Long Will My Case Take?

The length of time needed to resolve your case will depend on a number of factors. Unfortunately, court cases can require a significant amount of time, as your lawsuit will be added to a schedule behind all other ones filed prior to yours. However, this additional time will give us plenty of time to gather additional information and details about your case so we can be sure we’re prepared. After hearing more about your case, our lawyer will be able to give you a better idea of the timeline.

What Is a Whistleblower?

A whistleblower is an employee who reports illegal conduct at their workplace. If a worker notices that their employer is falsifying financial records, engaging in shareholder fraud, or producing unsafe products, they can choose to become a whistleblower and turn the company into the authorities. There are certain legal protections for a whistleblower. An employer cannot fire you for blowing the whistle on certain illegal activities. Our whistleblower protection lawyer can help you if you need representation during such circumstances.

What Is Workplace Discrimination?

Workplace discrimination can take on many different forms and be experienced in many different ways. It could be a one-time incident or a series of ongoing events. It can occur between two employees or between an employee and employer. It is illegal to discriminate against an employee based on any of the protected categories listed above, such as age, sex, or race. Though workplace discrimination can look different in every circumstance, some common ways it can present itself include:

  • Unfair treatment in regard to terms of employment, i.e., salary, benefits
  • Continued harassment by other employees or the employer
  • Retaliation for exercising rights under workplace discrimination laws

What Should I Do If I Experience Workplace Discrimination?

If you feel that you are being discriminated against in the workplace, you may be unsure how to address it. This is especially true if this job is your primary source of income. Many employees are afraid to come forward for fear of losing their job, as this will mean they will no longer have a way to earn money. However, you have a right to stand up for yourself in cases of discrimination, so it’s important you take the necessary steps to have your voice heard. Doing so could help others at your company from facing the same discrimination you did, and it could help you receive compensation for the actions you experienced. If you are facing workplace discrimination, you should take the following steps:

  • Make a Record of the Discrimination: You shouldn’t just rely on your memory when it comes to workplace discrimination. Instead, you should make a record of all incidents of discrimination. Try to write down as much information as possible, including what happened, when it happened, who was involved, and who witnessed the incident. All of this information will be crucial in building a legal case against your employer.
  • Talk to a Lawyer: The next thing you should do is speak to an employment rights lawyer. A legal professional will be able to help you through this process. They will be able to explain your rights, assess your unique situation, and help you determine how to proceed. They may first help you navigate your company’s complaint process. If that is unsuccessful, they will then help you decide the next step to take.
  • Consider Filing a Charge with the EEOC: The Equal Employment Opportunity Commission (EEOC) is an agency set up to investigate claims of employment discrimination. If your company has done little or nothing to address your discrimination claims, you can submit a claim with this agency. During this process, you will sign a statement explaining that your employer engaged in discrimination and request that the EEOC step in to assist you.

What Is Mediation?

Mediation is a practice used to help solve legal disputes between two individuals or between an individual and a business. Rather than take a case to court, the two parties can choose to have a mediator help them reach a mutual agreement. Mediation is sometimes used in workplace discrimination cases to help employees and employers reach a settlement they are both comfortable with. This settlement may be monetary compensation, an offer of the employee’s former job, or some other offer. You will still want a lawyer to represent you during the mediation process.

What Does the Mediator Do?

During mediation to solve an employment dispute, the mediator acts as a neutral third party to help the parties come to an agreement that is fair and agreeable to everyone. Their role is to facilitate negotiation between the two parties. They will listen to both sides and work to keep conversations constructive, moving the process toward a final resolution. If a mutual settlement cannot be reached with the help of a mediator, the dispute can be taken to court.

How Long Do Mediations Take?

In many cases, mediation can take several months to resolve. The two parties will schedule mediation sessions that can last anywhere from a couple of hours to a full day. They will then meet for as many sessions as are necessary to come to an agreement. Though the process may seem long, it can also begin quicker than a court case and may result in a faster resolution.

Contact Our Employment Attorney Today

If you have been wrongfully terminated, experienced workplace discrimination, or encountered another legal problem with your employer, you need a lawyer who will fight for your rights. The Law Office of Phillip J. Gregio is here to represent you in matters like these. Please reach out to us today for additional information or to schedule a consultation about your case.

Why Choose Us?

  • Practicing since 1977
  • Accomplished litigator
  • Saved millions of dollars for Employers
  • Recovered millions of dollars for Employees
  • On going Employer training