Fired or punished for speaking up in San Jose?
Losing your job, hours or standing after you reported misconduct, took protected leave or exercised a workplace right may be unlawful.
If your workplace rights were violated, you may be able to pursue compensation for lost pay or emotional harm, and hold your employer accountable.
Not sure whether it was "serious enough"? You can request a review even if you never reported it to HR or are still employed.
What wrongful termination can look like, and what the law calls it.
Not every unfair firing is unlawful. What matters is the real reason behind the decision, and whether that reason is one the law prohibits.
My reviews were fine for years. Then I raised a concern, and suddenly I was 'not a fit.'
The law calls it → potentially wrongful termination
- I was let go shortly after reporting a problem at work. The law calls it → possible retaliatory termination
- They didn't fire me outright, they made the job impossible until I quit. The law calls it → possible constructive discharge
- The stated reason for my firing doesn't match what actually happened. The law calls it → possible pretext for an unlawful termination
- My San Jose team was 'reorganized' the sprint after I reported my manager, and only my seat disappeared. The law calls it → possible retaliation or retaliatory termination
These cover fired for an unlawful reason, fired after reporting misconduct, fired in breach of an agreement, pushed out instead of formally fired, retaliation for asserting workplace rights, in any industry. If something here is familiar, you don't have to be sure before you ask.
Illustrative situations, not client accounts.
In San Jose and the wider Silicon Valley, terminations that punish protected leave, internal reports, or refusal to break the law are unlawful under California's retaliation and public-policy doctrines. The Civil Rights Department accepts FEHA complaints for three years and the EEOC for 300 days, while the Tameny lawsuit proceeds in court on an independent clock. Preserving all three takes deliberate, early choices.
What could taking action help you pursue?
Depending on the facts, legal action may help recover financial losses, address emotional harm, restore employment opportunities, or require workplace changes. Available remedies depend on the facts and applicable law; no outcome is guaranteed.
Recover what you lost
Lost pay, benefits, hours, and employment opportunities tied to the unlawful conduct.
Address the harm
Compensation for emotional distress may be available where the law provides for it.
Restore an opportunity
Some cases may involve reinstatement, promotion, corrected records, or another job-related remedy.
Create accountability
A resolution may include policy changes, training, or other corrective workplace action.
You do not need a perfect record, or even to know whether what happened was illegal, before asking what your options are.
Common concerns we hear from employees
I never reported it to HR.
You may still have legal options. Not reporting immediately does not automatically end your rights, although the specific facts can affect a claim.
I don't have screenshots or witnesses.
You do not need a complete evidence file before contacting us. We can help identify texts, emails, schedules, witnesses, and other evidence that may matter.
I still work there.
You can ask questions while still employed. Retaliating against a worker for opposing unlawful conduct or asserting protected rights may itself be unlawful.
My employer says I was fired for performance. Does that end the issue?
No. The stated reason is evidence, not the final answer. Timing, earlier reviews, shifting explanations, and how coworkers were treated can all show the real reason was retaliation.
Craig J. Ackermann
Shareholder · Admitted in California
Craig Ackermann represents California employees in wage-and-hour class actions, sexual and racial harassment, discrimination, and retaliation matters. He is licensed in California, Washington, and Texas.
Read Craig's full bio →Selected retaliation, discrimination, and harassment results.
$370K
Individual plaintiff · judgment includes fees and costs · Title VII retaliation judgment
Final
$23.5M
Financial-services workforce · 150 women · Sexual harassment settlement
Final · Craig Ackermann served as second chair (prior-firm experience)
$15M+
Apparel industry · individual plaintiff · Gender pay and promotion discrimination
Jury verdict, subject to post-trial proceedings, statutory limits, and appeal. Not a settlement or a collected recovery.
$1.3M
Construction workforce · 19 Black workers · Racial harassment
Final
Prior results do not guarantee a similar outcome. Every case is different; the value and outcome of your matter will depend on its specific facts.
What happens after you reach out?
You don't need documents, a lawyer-ready story, or even certainty that what happened was illegal.
- 01
Talk with us
A short initial conversation about what happened and when.
- 02
We assess the record
We identify possible claims, deadlines and evidence that may matter.
- 03
If we take the case
We handle the filing strategy, negotiations and litigation.
Deadlines can depend on where and how you file
California and federal claims may follow different filing routes. These are general time limits, not sequential steps.
Generally, to file a FEHA retaliation complaint with California's Civil Rights Department.
CRD, Employment ↗Often, to file a federal retaliation charge with the EEOC when state or local law also covers the claim.
EEOC, How to File a Charge ↗Generally, to file a lawsuit after receiving a California CRD right-to-sue notice.
CRD, Obtain a Right to Sue ↗Other claims and exceptions may have different or shorter deadlines. Contact counsel promptly so the applicable dates can be reviewed.
FEHA retaliation and wrongful termination in violation of public policy
Cal. Gov. Code § 12940(h); Tameny v. Atlantic Richfield Co.
Primary source, Cal. Gov. Code § 12940(h); Tameny v. Atlantic Richfield Co. ↗Share what happened in about two minutes. The firm will review your submission and contact you about possible options and next steps. There is no cost or obligation to request a review.
Deadlines and filing issues for workers in San Jose.
- A PIP issued right after protected activity is often the first written step of a pretext; contemporaneous notes about when it appeared are gold later.
- Performance-cycle terminations at Valley employers cluster at quarter ends, which can hide, but not excuse, retaliatory selection.
- Immigration-status pressure on visa-dependent workers never extends a deadline and never legalizes retaliation.
- The federal 300-day window closes fastest; calendar it the day of termination.
- An unlimited-PTO culture makes leave disputes look informal, but FEHA and CFRA protections are formal and enforceable.
Where do you file a wrongful termination claim in San Jose?
California Civil Rights Department
Filing is CENTRALIZED statewide: online via California Civil Rights System (CCRS), phone 800-884-1684, 711 relay, TTY 1-800-700-2320, email contact.center@calcivilrights.ca.gov, or mail to HQ. CRD HQ/mailing is 651 Bannon Street, Suite 200, Sacramento, CA 95811.
File online →EEOC San Jose Local Office
96 North Third Street, Suite 250San Jose, CA 95112
(800) 669-4000 EEOC Public Portal →
Superior Court of California, County of Santa Clara
Downtown Superior Court (DTS)191 North First Street
San Jose, CA 95113
The public-policy tort is filed in court rather than with CRD or the EEOC. A related FEHA retaliation claim may still require an agency charge first.
The filing path, step by step
- 1Build the chronology first: the leave, report, or refusal; the managers aware of it; and each adverse action after, in order.
- 2The FEHA retaliation complaint goes to CRD through its centralized online intake, generally within three years, no Santa Clara County office needed.
- 3File federal charges on the EEOC Public Portal inside 300 days; the San Jose area is served by the agency's local office.
- 4Court claims are filed in Santa Clara County Superior Court or the Northern District of California's San Jose division, each with a separately measured deadline.
- 5Gather your review history, PIP documents, on-call and leave records, and any arbitration agreement before selecting between agency and court routes.
Wrongful-termination information in other California cities
- FresnoWrongful-termination information
- Long BeachWrongful-termination information
- Los AngelesWrongful-termination information
- Orange CountyWrongful-termination information
- RiversideWrongful-termination information
- SacramentoWrongful-termination information
Asked by San Jose workers.
I took protected family leave from my San Jose employer and returned to a 'role elimination.' What now?
Eliminating a role during or right after protected leave is heavily scrutinized. Reinstatement rights, retaliation claims, and public-policy theories may all apply.
Can my employer retaliate against me for an internal harassment report if HR 'found nothing'?
The investigation outcome does not strip protection. Retaliation for making a good-faith report is independently unlawful regardless of the finding.
I'm on an H-1B. Does that limit my claims?
Visa status does not remove California employment protections, though it raises practical stakes that make early legal advice more valuable.
Where do San Jose cases proceed?
Santa Clara County Superior Court hears state claims; the Northern District of California's San Jose courthouse hears federal ones.