San Jose Employment Litigation Lawyer

When a dispute with your employer can no longer be solved with a conversation or a complaint to HR, a San Jose employment litigation lawyer can take it to the next stage. Greenberg Gross LLP is a trial firm that represents employees in lawsuits against employers who discriminated against them, retaliated against them, or fired them unlawfully.

Most people who call us are not looking for a fight. They want to know what a lawsuit would actually involve, how long it could take, and whether it is worth it. This page answers those questions honestly.

For a free consultation, call (415) 426-6366. We represent employees throughout San Jose and Santa Clara County, and our nearest office is in San Francisco.

Why Silicon Valley Employees Choose Greenberg Gross

Many employment firms settle nearly everything. We prepare every case as if it will be tried in front of a jury, because an employer's willingness to pay a fair amount usually depends on how seriously it takes the prospect of trial.

Greenberg Gross was founded in 2013 by Alan Greenberg and Wayne Gross, who came to plaintiffs' work from a global law firm. That background matters when your employer has an in-house legal team and a national defense firm on retainer.

Here is what our clients can expect from us:

• A litigation bench built for large opponents. We have 13 offices across seven states and the resources to litigate against well-funded technology companies.
• Trial-tested attorneys. Our lawyers, including Brian Williams, handle cases from the first demand letter through verdict.
• Recognition from our peers. Our attorneys have earned Super Lawyers selection, AV Preeminent ratings from Martindale-Hubbell, ABOTA membership, and Daily Journal Top 100, Top Plaintiff, and Top Labor & Employment honors.
• No cost to talk with us. Consultations are free, and we are available 24/7.

A lawsuit is a serious decision, and you deserve advice from people who have tried cases. Call us to talk through your options before you commit to anything.

What Does an Employment Litigation Attorney in San Jose Do?

An employment litigation attorney takes a workplace dispute through the formal legal system, from the administrative filing that most claims require to a courtroom trial if the case does not resolve. The work is different from sending a demand letter or negotiating a severance package, although both can be part of it.

In practice, that means building a record the employer cannot explain away. We gather documents, identify witnesses, retain forensic economists and other consultants, and test the employer's stated reasons for what happened against how it treated everyone else.

It also means making strategic calls early. Which claims to bring, which court to file in, and whether to challenge an arbitration agreement all shape the case long before anyone sits in a witness chair.

How Does an Employment Lawsuit Move From Complaint to Trial?

A California employment lawsuit follows a predictable sequence, even though no two cases move at the same speed. Knowing the stages helps you plan your life around the case instead of the other way around.

1. Administrative complaint. Most discrimination, harassment, and retaliation claims under the Fair Employment and Housing Act (FEHA) begin with a complaint to the California Civil Rights Department, which can issue an immediate right-to-sue notice.
2. Filing the lawsuit. The complaint is usually filed in Santa Clara County Superior Court, with civil matters heard at the Downtown Superior Court on North First Street, or in federal court when federal claims control.
3. Discovery. Both sides exchange documents, answer written questions, and take depositions of witnesses under oath.
4. Mediation. Many cases go to a private mediator, where a neutral third party helps both sides explore settlement.
5. Summary judgment. The employer often asks the court to dismiss the case before trial, arguing that no reasonable jury could find in your favor.
6. Trial. If the case does not resolve, a jury hears the evidence and decides liability and damages.

Timelines vary widely. Many cases resolve somewhere in the discovery or mediation stages, while those that go to trial can take well over a year, depending on the court's calendar and the complexity of the claims.

Should Your Case Be Filed in State or Federal Court?

For most San Jose employees, state court is the stronger forum, although the answer depends on the claims and the size of the employer. California law applies to employers with five or more employees for discrimination claims, while federal Title VII generally applies only to employers with 15 or more.

Federal law also caps combined compensatory and punitive damages under Title VII based on employer size, topping out at $300,000 for the largest companies. State claims carry no comparable cap, which is one reason we usually build cases around FEHA.

Federal court still has a place. Some claims arise only under federal law, and an employer may try to move a case to the U.S. District Court for the Northern District of California, whose San Jose Division sits in the Robert F. Peckham Federal Building on South First Street. We plan for that possibility from the start, so a change of courthouse does not change the strength of the case.

Arbitration Clauses in Tech Offer Letters

Many Silicon Valley employers include an arbitration agreement in the offer letter or onboarding paperwork. These agreements send disputes to a private arbitrator instead of a public courtroom, and courts generally enforce them.

That is not the end of the analysis. California courts have long required employment arbitration agreements to meet minimum fairness standards, and a one-sided agreement can be challenged in whole or in part.

Federal law also carves out an important exception. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act generally allows employees to take sexual harassment and sexual assault claims to court even after signing an arbitration agreement.

California adds a forum protection that matters for employees of companies headquartered elsewhere. Under Labor Code section 925, an employer generally cannot require an employee who primarily lives and works in California to litigate a California claim in another state, unless the employee was individually represented by a lawyer when negotiating the agreement.

What Is Your Equity Worth in an Employment Case?

Equity can be one of the largest pieces of damages in a Silicon Valley employment case, and it is often the piece that employers most want to minimize. When a termination is unlawful, the value of restricted stock units and options you would have vested can be part of your economic loss.

The details matter. Vesting schedules, cliff dates, refresh grants, and post-termination exercise windows all affect the calculation, and a firing that lands shortly before a vesting date raises obvious questions about timing.

We work with valuation consultants to measure equity based on the grant documents and the company's stock performance. For employees at private companies, that analysis can also account for tender offers, recent funding rounds, and the likely path to liquidity.

San Jose Employment Litigation Claims We Handle

Our employment litigation practice covers the claims that most often end careers in Santa Clara County. Each has its own legal standard, and many cases involve more than one.

• Discrimination based on race, sex, gender identity, pregnancy, disability, age, national origin, or another protected characteristic.
• Harassment that creates a hostile work environment, including sexual harassment.
• Retaliation for complaining about discrimination, taking protected leave, or reporting unlawful conduct.
• Whistleblower retaliation for disclosing violations of law to a supervisor or a government agency.
• Wrongful termination in violation of public policy.
• Leave and accommodation violations involving pregnancy disability leave, family and medical leave, or disability accommodations.

If your situation involves several of these, that is common. We sort out which claims are strongest and build the case around them.

What Can You Recover in an Employment Lawsuit?

Depending on the claims, a successful employee may recover lost wages and benefits, future lost earnings, the value of lost equity, and damages for emotional distress. California's anti-discrimination law does not cap compensatory damages, which is a significant difference from federal law.

Punitive damages are available under Civil Code section 3294 when there is clear and convincing evidence of malice, oppression, or fraud. When the employer is a company, the conduct generally must involve an officer, director, or managing agent.

A court may also award attorney fees and costs to a prevailing employee under FEHA. Every case turns on its own facts, and past results do not predict the outcome of any future matter.

FAQs Answered by Our San Jose Employment Litigation Lawyer

These are questions San Jose employees often ask before deciding whether to file an employment lawsuit.

Talk With a San Jose Employment Litigation Lawyer

You do not have to decide today whether to sue. You do deserve a clear picture of what your case could look like, from the first filing to a jury's verdict, before you make that choice.

Greenberg Gross represents employees across San Jose and Silicon Valley, with our nearest office at 101 Montgomery Street, Suite 900, in San Francisco. Call (415) 426-6366 or reach out through our contact form to schedule a free consultation.