San Jose Wrongful Termination Lawyer

Losing your job can leave you with more questions than answers.

In some cases, the employer offers a clear explanation for the firing decision. In others, employees are told only that the company is moving in a different direction, restructuring, or exercising its rights as an at-will employer.

At Greenberg Gross, our San Jose wrongful termination lawyers represent employees who believe they were fired in violation of California or federal law. Our attorneys help employees evaluate the circumstances surrounding their termination, explain their legal options, and pursue appropriate remedies when employers cross the line.

We Understand the Pressures of Working in San Jose

While California is an at-will employment state, employers cannot terminate employees for unlawful reasons. A firing that appears to be based on poor performance, attendance, restructuring, or a policy violation may actually be motivated by discrimination, retaliation, protected leave, whistleblowing, or another legally protected activity.

Employees throughout San Jose and Silicon Valley work in highly competitive industries where reorganizations, acquisitions, layoffs, and performance reviews are common. Whether you work for a technology company, healthcare provider, financial institution, university, manufacturer, or another employer, understanding why you were terminated is often the first step toward protecting your legal rights.

Call (949) 383-2800 to schedule a confidential consultation with our team to better understand your options.

Why Should You Choose Greenberg Gross for Your Wrongful Termination Case?

Wrongful termination cases are rarely decided by one document or one conversation. Performance evaluations, disciplinary notices, emails, internal investigations, attendance records, and restructuring decisions can all become part of the employer's explanation for the termination. Determining whether that explanation is legitimate requires a careful review of both the facts and the applicable law.

At Greenberg Gross, our wrongful termination attorneys examine the entire employment relationship—not simply the day your employment ended. We evaluate your employer's stated reasons, compare them against the available evidence, and identify inconsistencies that may suggest the termination was unlawful.

Our lawyers have earned a national reputation for handling complex employment disputes and high-stakes litigation. Whether your employer claims you were fired for poor performance, misconduct, attendance issues, or business necessity, our team is prepared to build a strong, evidence-based case and advocate for your rights. 

California Is an At-Will Employment State—But That Is Not the End of the Story

Many employees hear the phrase "at-will employment" and assume it means an employer can fire anyone at any time for any reason. That is not what California law provides.

At-will employment generally means that either the employer or the employee may end the employment relationship at any time and for almost any lawful reason. The important word is lawful.

Basically, an employer cannot terminate an employee because of:

• Unlawful discrimination
• Retaliation
• Protected whistleblowing
• The exercise of protected leave rights
• Requests for reasonable accommodations
• Wage complaints
• Protected medical conditions
• Military service
• Jury duty
• Numerous other legally protected activities

Simply labeling a termination as "at-will" does not prevent an employee from challenging an unlawful firing. Understanding whether an exception applies requires a careful review of the facts surrounding the termination. That’s where our team can help.

Which Common Situations May Lead to a Wrongful Termination Claim?

Wrongful termination rarely begins with the termination meeting itself. Many employees notice workplace changes weeks or months beforehand. 

A supportive supervisor suddenly becomes critical. Positive performance reviews give way to unexpected disciplinary actions. Important responsibilities are reassigned, communication changes occur, or opportunities begin disappearing.

Some of the most common situations that may lead to wrongful termination claims include:

• Reporting workplace discrimination or harassment
• Requesting FMLA or CFRA leave
• Requesting a reasonable accommodation for a disability
• Reporting safety violations or illegal conduct
• Complaining about unpaid wages or overtime
• Participating in workplace investigations
• Taking legally protected medical leave
• Serving on a jury or fulfilling other protected civic obligations

The termination itself is often the final event in a longer series of workplace decisions.

When an Employer's Explanation Does Not Match the Evidence

One of the most important questions in a wrongful termination case is whether the employer's stated reason accurately reflects what actually happened. Sometimes an employer gives one explanation while the surrounding evidence points in another direction.

For example, an employee with years of positive evaluations may suddenly receive multiple disciplinary notices shortly after requesting protected leave. Another employee may be told their position has been eliminated, only to discover that someone else was hired into a nearly identical role a few weeks later.

These situations do not automatically prove unlawful termination, but they often deserve closer examination. We compare the employer's explanation with employment records, performance history, company policies, communications, and the overall timeline to determine whether the stated reason appears credible.

Performance Improvement Plans and Sudden Performance Problems

Performance Improvement Plans, often called PIPs, are common in many Silicon Valley workplaces. In some situations, they provide employees with a meaningful opportunity to improve performance. In others, the PIP may simply be the first step in an already planned termination.

Our attorneys review performance histories, productivity metrics, coaching records, supervisor communications, and company policies to determine whether the employer applied its standards fairly and consistently.

Layoffs, Reorganizations, and Position Eliminations

San Jose employers frequently experience mergers, acquisitions, reorganizations, budget adjustments, and workforce reductions. Many of these business decisions are entirely lawful. However, employers cannot use a restructuring as a pretext for unlawful discrimination or retaliation.

If only certain employees are selected for layoffs, or if an eliminated position quickly reappears under another title, additional questions may arise regarding the employer's true motivation. Our attorneys carefully evaluate restructuring decisions to determine whether protected employees were treated differently from others in similar positions.

Wrongful Termination May Be Connected to Other Employment Rights

Many wrongful termination claims overlap with other areas of employment law, such as workplace discrimination, protected medical leave, disability accommodation requests, unlawful conduct, or wage complaints.

Rather than viewing these events separately, our attorneys examine how they relate to one another. The timing of key events often provides important context for understanding why the termination occurred.

How Timing Can Strengthen—or Weaken—a Wrongful Termination Case

Timing alone does not determine whether a firing was unlawful, but it often plays an important role.

If an employee receives outstanding evaluations for several years and is terminated only days after taking steps to protect their rights, those events deserve careful attention. On the other hand, a documented history of performance concerns that predates any protected activity may support the employer's explanation.

Our attorneys construct detailed timelines that compare workplace events, performance records, communications, and employment decisions. Looking at the full sequence of events often reveals patterns that are not apparent when each event is viewed in isolation.

How the Attorneys at Greenberg Gross Build Wrongful Termination Cases

Successfully pursuing a wrongful termination claim requires showing that the employer's decision violated California or federal law and that the available evidence supports a legal claim.

The process begins with a thorough review of the employment relationship. Our team may examine personnel files, employee handbooks, performance evaluations, disciplinary records, internal emails, text messages, leave requests, payroll records, organizational charts, witness statements, and other relevant documentation.

Once we understand the facts, we identify the legal claims that may apply and evaluate the damages resulting from the termination. We then develop a strategy tailored to our client's goals, whether that involves negotiating with the employer, pursuing an administrative claim when required, or filing a lawsuit.

Many wrongful termination cases are settled after the evidence is fully developed. When an employer refuses to resolve a legitimate claim fairly, our lawyers are prepared to advocate for our clients at trial.

Throughout the process, our goal remains the same: to protect our clients' rights, expose unlawful employment practices, and pursue the outcome that best supports their futures.

What Evidence Can Help Support a Wrongful Termination Claim?

Different cases require different types of evidence, but these materials may help explain why the employer made its decision and whether that explanation is supported by the facts.

Evidence	How It May Help
Performance evaluations	Compare past performance with the employer's stated reason for termination
Emails and internal communications	Reveal discussions surrounding employment decisions or protected activity
Personnel files	Show disciplinary history, promotions, commendations, and policy enforcement
Employee handbook and company policies	Determine whether the employer followed its own procedures
Leave and accommodation records	Identify connections between protected activity and termination
Witness statements	Provide context regarding workplace events and decision-making
Organizational charts	Evaluate restructuring claims and position eliminations
Payroll and employment records	Help calculate lost wages and benefits

Every case is different, and the evidence that matters most depends on the circumstances surrounding the termination.

What Remedies May Be Available?

Wrongful termination can affect much more than a person's current paycheck. Losing a job may interrupt healthcare coverage, retirement contributions, professional advancement, bonuses, commissions, and future earning opportunities.

Depending on the facts of the case and the applicable law, available remedies may include:

Potential Remedy	Examples
Lost Income	Back pay, lost wages, bonuses, commissions, and employment benefits
Future Economic Losses	Front pay or diminished earning capacity when appropriate
Employment-Related Relief	Reinstatement or restoration of employment rights in certain situations
Additional Damages	Other compensation authorized under California or federal law
Attorney's Fees and Costs	Recovery where permitted by applicable law

Our attorneys evaluate both the immediate financial impact and the long-term consequences of the termination when assessing potential damages.

Acting Quickly Can Help Protect Your Rights

Many employees spend weeks or months trying to determine whether their termination was lawful before speaking with an attorney. During that time, important evidence may become more difficult to obtain. Emails may be deleted under routine retention policies, witnesses may leave the company, and legal deadlines may expire.

Seeking legal advice early does not obligate you to file a lawsuit. It allows you to understand your rights, preserve important evidence, and make informed decisions about your next steps.

Ask the Greenberg Gross Team...

My employer asked me to resign instead of being fired. Does that matter?

It can. In some situations, employees are pressured to resign when the circumstances may support a wrongful termination claim. Before signing paperwork or submitting a resignation, talk to our team to understand how that decision could affect your legal rights.

Can my employer fire me while I am on medical leave?

The answer depends on the specific circumstances and the laws that apply. If the termination is connected to protected leave or another protected activity, additional legal issues may arise.

What if I signed a severance agreement?

Signing a severance agreement may affect your legal options, but the impact depends on the agreement's language and the circumstances surrounding its execution. An attorney can review the agreement and explain your rights.

Does every unfair firing qualify as wrongful termination?

No. California's at-will employment law allows employers to make many employment decisions that employees may view as unfair. A wrongful termination claim generally requires evidence that the firing violated a specific legal protection.

Frequently Asked Questions About San Jose Wrongful Termination Claims

Contact Our San Jose Wrongful Termination Lawyers Today

Being fired can leave you questioning your career, your financial future, and whether your employer acted lawfully. If you believe your termination violated California or federal employment law, we can investigate your situation and explain your options.

At Greenberg Gross, our San Jose wrongful termination lawyers represent employees throughout Silicon Valley who have been unlawfully terminated because of discrimination, retaliation, protected leave, whistleblowing, or other protected activities. 

Our attorneys can evaluate your situation, explain your legal options, and help you pursue the outcome that best protects your rights and your future. Call (949) 383-2800 today for a confidential consultation.