TOP BEST Employment Lawyer near San Jose, CA 2024

Employment lawyers are attorneys who specialize in cases that involve employment law issues. In many cases, however, an employer may wrongly classify an employee’s status in order to avoid the states overtime law providing the hourly benefits they should be receiving for the work they are doing. In many exempt employee law cases, exempt employees that are designated have managerial or administrative positions that entail doing much of the same work as salaried employees.
If there has been an agreement that you will work for a specified period of time, cause will typically be required, while there are other exceptions to “at-will” as well. In addition to running a thriving general civil litigation practice, Lori is involved with the local community. She has also volunteered at the Senior Adult Legal Assistance and sits on the board of Latinas Contra Cancer where she is involved in developing their patient advocacy program. Ultimately, the right employment attorney will act as a trusted partner, proactively addressing legal issues to create a harmonious and compliant work environment. If you've been retaliated against for reporting safety violations, whistleblowing, or engaging in protected activities, contact Law Offices of Joel P. Waelty today to schedule a simple case evaluation. The firm serves clients throughout San Jose and across Silicon Valley—as far south as Monterey and as far north as Oakland.

That is why we take a thorough and methodical approach to every claim. We will cull through every piece of the available evidence, determine how it affects your case, and present it at the right time, whether through direct or circumstantial evidence.
To prevent trade secret misappropriation, we work with our clients alongside data security firms with information security programs, coordinating traditional technical and detailed policies with more sophisticated approaches. If someone steals your IP, our firm can assist by seeking an injunction to order the individual or company to stop the theft. We may be able to litigate on your behalf to recover damages arising from the theft. It is important to act right away in connection when you suspect that someone has stolen your trade secrets or confidential information. For an agreement to be deemed a valid, enforceable contract, there must be an offer, acceptance,  a bargained-for exchange of promises, and sufficiently definite contract terms that would allow the court to enforce them.

Every worker in California has the same rights, and my job is to protect yours when they are in jeopardy. Conducting an in-depth investigation to determine whether or not the client has been wrongfully terminated. “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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The litigation team gave me the muscle, organizational skills and attention to detail I needed against our major competitor and got us a great result.
The attorney, however, does not collect a fee if the client loses the case. In these cases, the lawyer’s payment depends on, or is contingent on, winning the case. Various laws and regulations dictate the minimum rate of pay for employees. These rules also explain the conditions in which overtime must be paid and similar requirements. For example, some municipalities and states have laws that require payment of a higher minimum wage than the federal standard of $7.25 per hour. Employees covered by these laws are entitled to earn the higher, local- or state-level minimum wage.
We are a group of experienced employment attorneys dedicated to defending those who have been wronged. Whether you’ve been fired from your job, harassed at work, or suffering through any other employment dispute, our attorneys will guide you every step of the way to maximize your recovery and bring you the justice you deserve. 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. If I could leave 10 stars for Miracle Mile Law Group, I definitely would. They are very caring with their clients and they are not like most lawyers who want to just get you out the door so they can just deal with someone else.

Susan represents individuals and technology and other Silicon Valley companies and firms of all sizes, from startups to Fortune 500 companies, in business litigation in state and federal courts. Business TransactionsStructure Law Group, LLP has experience workers compensation lawyer representing clients ranging in size from individuals and partnerships to publicly traded companies in business transactions of all type and size. SLG is also routinely involved in cross-border matters for both U.S. and foreign clients.
In certain situations, terminating an individual can  be especially uncomfortable. Your employer might have made some questionable decisions when supervising you, but even if you think you have done everything by the book, you may need solid legal counsel from a seasoned San Jose employment lawyer. Anne Stromberg has 25 years of experience representing employers, managers and supervisors in employment law matters. Her practice combines preventive counseling with litigation defense. Resolving employment litigation requires knowledge of these laws and regulations, the applicable case law, and a careful case analysis and strategy. More so than in other less personal litigation, a perceptive understanding of the people involved is essential for success.

There is no precise definition of what constitutes an adverse employment action. Seldom is it as obvious as firing an employee immediately after making a complaint. Instead, courts look to the totality of the circumstances in evaluating the employer’s action. It  can be a very trying and stressful time when you find yourself in need of an attorney.
It was this realization that motivated Mr. Grech to begin practicing bankruptcy law, which... Through this page you can find experienced lawyers across the United States, ready to assist you with your legal needs. Search by name, legal topic, and/or location, to find the legal counsel that is right for you. If you are not sure where to begin, you can schedule a consultation with the wrongful termination attorney in San Jose, California, to get answers to all your questions and determine if you have a legitimate claim against your employer. The Law Offices of Joel P. Waelty represents employees who are facing injustices in the workplace in San Jose and throughout Silicon Valley—as far north as Oakland and as far south as Monterey.
It is generally more favorable to the claimant to file in state court. A somewhat broader definition of what constitutes a protected class is available and federal law permits some defenses favorable to employers that California does not. The most obvious form of discrimination is not hiring an individual who is member of a protected class, but there are other ways in which an employee can be  discriminated against. Such post-employment matters as job assignments, training and education, salary, bonus payments, raises, termination and any employment decision that materially affects the conditions of employment must be done in a fair and equitable manner.