7/15/26
"Absolutely amazing!"
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Made things so easy for me to understand and guided me step by step. Especially Karim.
Jennifer A.
If you don’t win, we don’t get paid: 855-476-0730
California law provides strong protections for employees in San Jose who are unlawfully fired from their jobs. Although California generally follows the “at-will” employment rule, an employer’s ability to terminate an employee is not unlimited. A termination may be wrongful when it violates state or federal law, breaches an employment agreement, or violates an established public policy.
Common examples include termination based on discrimination, retaliation for reporting unlawful conduct, or firing an employee for exercising legally protected workplace rights. Depending on the circumstances, employees may be entitled to remedies such as lost wages, lost benefits, emotional distress damages, or other compensation.
If you were recently fired from a job in San Jose or elsewhere in Santa Clara County, understanding the reason for your termination can be critical. A San Jose wrongful termination attorney can review the circumstances surrounding your dismissal and help determine whether your employer may have violated California employment law.
Wrongful termination occurs when an employer fires an employee for a reason prohibited by law or in violation of certain contractual or public-policy protections. Being treated unfairly at work does not necessarily make a termination unlawful, but California employees have important protections even when they are employed at will.
Circumstances that may support a wrongful termination claim include:
Determining whether a termination was unlawful often requires looking beyond the reason given by the employer. Emails, performance reviews, disciplinary records, workplace complaints, witness statements, and the timing of events may all help show why an employee was actually fired.
California employers generally cannot fire employees because of a characteristic protected by state or federal discrimination law. California’s Fair Employment and Housing Act (FEHA) provides broad workplace protections against discrimination.
Protected characteristics include:
Discriminatory termination is not always obvious. An employer may claim that an employee was fired because of performance, restructuring, or another neutral reason. Evidence such as unequal discipline, discriminatory comments, sudden negative reviews, exclusion from workplace opportunities, or suspicious timing may help show that discrimination contributed to the decision.
California and federal laws protect employees who engage in many forms of legally protected activity. An employer generally cannot fire an employee because the employee exercised a protected workplace right or reported certain unlawful conduct.
Protected activities may include:
Retaliation can sometimes begin before an employee is terminated. Sudden disciplinary actions, unfavorable assignments, reduced hours, exclusion from meetings, or negative performance reviews following a protected complaint may become relevant evidence when evaluating a wrongful termination claim.
At-will employment does not necessarily eliminate every contractual right an employee may have. A written, oral, or implied employment agreement may establish circumstances under which an employee can be terminated or procedures an employer is expected to follow.
Relevant agreements or policies may include:
Whether a legally enforceable agreement exists depends on the particular facts. Employment contracts, offer letters, handbooks, communications with management, and the employer’s established practices may all be relevant when evaluating a potential claim.
Not every wrongful termination case begins with an employer explicitly firing an employee. California recognizes constructive discharge in certain circumstances where working conditions become so intolerable or aggravated that a reasonable person in the employee’s position would feel compelled to resign.
Potentially relevant circumstances may involve:
Constructive discharge has a demanding legal standard. A difficult, stressful, or unpleasant workplace alone does not necessarily qualify. The specific conditions, their severity and duration, and the employer’s knowledge or conduct can all be important to determining whether a resignation may legally be treated as a constructive discharge.
The remedies available after an unlawful termination depend on the legal claims and circumstances of the case. Compensation may address both the financial losses caused by losing a job and, for certain claims, other harm resulting from the employer’s unlawful conduct.
Potential remedies may include:
Not every remedy is available in every wrongful termination case. An attorney can evaluate the type of claim, lost earnings, benefits, mitigation efforts, and other circumstances to determine what compensation may potentially be recovered.
“Quiet firing” is not itself a specific California legal claim. The term is commonly used to describe situations in which an employer makes an employee’s job increasingly undesirable or difficult, potentially in hopes that the employee will resign.
Depending on what occurs, however, conduct described as quiet firing may overlap with recognized employment claims involving discrimination, retaliation, harassment, failure to accommodate, or constructive discharge. Examples could include deliberately stripping an employee of responsibilities, reducing hours or opportunities for an unlawful reason, or subjecting the employee to escalating adverse treatment after a protected complaint.
Whether these actions violate California law depends on the reason for the employer’s conduct and the particular circumstances.
California is generally an at-will employment state. This means that, absent an applicable exception, either the employer or employee may end the employment relationship without having to establish good cause.
At-will employment, however, does not permit an employer to fire an employee for an unlawful reason. A San Jose employee may have a potential wrongful termination claim when a dismissal results from discrimination, unlawful retaliation, a violation of an established public policy, or another legally prohibited reason.
For example, an employer generally cannot lawfully terminate an employee because the employee reported harassment, requested protected medical leave, complained about certain wage violations, reported unlawful activity, or refused to participate in illegal conduct when applicable legal protections cover the activity.
An employee may have a claim when an employer terminates the employment relationship in violation of an enforceable employment agreement. Depending on the circumstances, employment agreements may be written, oral, or implied.
For example, a contract might establish a specific employment period or require certain conditions to be satisfied before termination. Whether an agreement changes the normal at-will employment relationship depends on its terms and the surrounding facts.
Employees should preserve offer letters, contracts, employee handbooks, emails, performance evaluations, and other documents that could help establish the terms of the employment relationship.
California law prohibits covered employers from terminating employees because of protected characteristics such as race, religion, sex, gender, disability, age, sexual orientation, gender identity or expression, pregnancy, and other characteristics protected by law.
An employer may provide what appears to be a legitimate reason for a termination even when discrimination played a role. Evidence concerning how similarly situated employees were treated, discriminatory comments, changes in performance evaluations, the timing of the termination, and the employer’s explanation for its decision may therefore be important.
Employees who believe discrimination contributed to their termination should preserve relevant workplace communications and employment records and consider obtaining legal advice promptly.
California employees are protected from termination for engaging in many legally protected activities. Depending on the law involved, these activities can include reporting discrimination or harassment, complaining about wage violations, reporting certain unsafe or unlawful working conditions, requesting protected leave or accommodations, and participating in workplace investigations.
A retaliation claim generally requires more than showing that a termination occurred after a complaint. The facts must support a connection between the protected activity and the adverse employment action. Timing, changes in treatment, management communications, inconsistent explanations, and other evidence may help establish that connection.
If an employer terminates or otherwise retaliates against an employee for exercising legally protected rights, the employee may have claims for lost wages and other remedies available under the applicable law.
If you believe you were wrongfully fired in San Jose or elsewhere in Santa Clara County, acting promptly can help preserve evidence and protect your ability to pursue a claim. Different employment claims are subject to different filing requirements and deadlines.
A wrongful termination lawyer can review the circumstances surrounding your dismissal, identify potentially applicable California or federal employment protections, evaluate workplace records and communications, and explain the options available for pursuing a claim.
Matern Law Group represents employees in San Jose, throughout Santa Clara County, and across California in wrongful termination, discrimination, retaliation, harassment, and other employment law matters. Contact Matern Law Group to discuss your situation and learn more about your legal options.
Our Practices are Guided by Integrity. We’ll protect what you deserve.
We work tirelessly and fight tenaciously to hold rights abusers accountable.
If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.
7/15/26
"Absolutely amazing!"
️️️️️
Made things so easy for me to understand and guided me step by step. Especially Karim.
Jennifer A.
6/25/26
"Pleasure to speaking to you Karim."
️️️️️
Thank you for helping me out and hearing what I am going through. I thank you for the support you have for me an my family. God bless you.
Carlos C.
5/15/26
"Great people!!"
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Listened to everything I had to say and gave me assured information that they will see what we can do and plan. Definitely recommend them to others.
Janice Barragan
4/26/26
"Matern Law Group was very attentive to the questions and concerns I raised."
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They took the time to listen carefully and patiently explain the legal issues in a clear and professional way. Especially Karim — he was responsive, kind, and thorough throughout the process. I…
Amber Kuo
Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.
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