How Can a Lawyer Help With an Employment Issue?
Workplace disputes often involve strict deadlines and powerful employers. A San Jose employment attorney can help you understand your rights, assess your situation, and determine the best course of action. Depending on the circumstances, this may include negotiation, filing administrative complaints, or pursuing litigation when necessary.
Employment lawyers also help protect workers during the legal process. If you are experiencing employee discrimination, harassment, retaliation, unpaid hours, or other wage and hour record-keeping violations, an attorney can help document the misconduct, build a claim, and work to prevent further retaliation.
Venardi Zurada is a San Jose employment law firm serving workers throughout Silicon Valley from offices in Oakland and Walnut Creek. Our attorneys bring decades of trial and litigation experience and have recovered millions for Californians facing workplace injustice. Founded by trial lawyers Mark Venardi and Martin Zurada, the firm brings the perspective gained from litigating against major corporations to every employment dispute we handle.
"Highly Recommend"
Highly recommend them! I am very new to legal cases yet I was very thankful for the effective communication and help I got from the team. Speaking Spanish also helped me feel like home, thank you.
Anayely R.
"Mark’s advice was spot-on"
I retained Mark after consulting him regarding issues I was experiencing with my employer. Mark’s advice was spot-on, and he was extremely generous with both his time and billing. More importantly, Mark fought diligently for my rights throughout the process ensuring I was not taken advantage of. It can not be overstated how important it is to have a knowledgable attorney with integrity leading the way when you find yourself being bullied by a juggernaut of a corporation. Having Mark in my corner was the best decision I could have possibly made.
Chris C.
"Expert Negotiators, Genuine Care"
I am very thankful to have been represented by VZ Law Firm for my employment settlement. They did their best to negotiate a reasonable settlement amount for my case. I also felt very cared for by everyone I interacted with at the firm throughout the process. Highly recommend.
Natnael D.
"Your Best Choice for Employment Law"
If you need an employment attorney in the Bay Area, Tanya and the team at VZ are highly regarded, and I consider them the best choice. You won’t be disappointed.
Aaron F.
Our Employment Law Case Results
These results show how our San Jose employment lawyers have helped workers recover compensation after workplace violations.
- $3 Million Wage Theft Class Action Settlement: Truck Drivers v. Agricultural Company. Our firm served as lead co-counsel in a class action and PAGA claim involving truck drivers who were not paid while waiting to load and unload their trucks. The settlement provided compensation for hundreds of drivers and eliminated unlawful training debt imposed on workers who left the company.
- $1.35 Million Wrongful Termination Settlement: Our client, an area manager at a large financial institution, reported sexual harassment by another manager and participated in the employer’s investigation into the misconduct. After raising these concerns, he was terminated in retaliation.
- $1 Million Whistleblower Retaliation Settlement: Our clients reported unlawful conduct involving gender and racial discrimination within their company and experienced retaliation after speaking out. Key management testimony ultimately supported our clients’ claims and helped achieve a $1 million settlement.
What Laws Protect Workers in San Jose?
Employees in San Jose are protected by several federal and California laws designed to prevent workplace discrimination, harassment, retaliation for complaints, and other violations.
- Title VII of the Civil Rights Act: This federal law prohibits workplace discrimination based on race, color, religion, sex, and national origin. It protects workers from sexual harassment and other forms of workplace discrimination, including gender and LGBTQ discrimination.
- The Fair Labor Standards Act (FLSA): The FLSA establishes minimum wage and overtime requirements for employees. Violations occur when employers fail to pay workers for all hours worked or attempt to avoid wage obligations through misclassification practices.
- California Family Rights Act (CFRA): CFRA allows eligible employees to take job-protected leave for family care or serious health conditions. Employers violate this law when they deny qualified leave or retaliate against employees who exercise these rights.
- California Fair Employment and Housing Act (FEHA): FEHA provides broader protections under California law by prohibiting discrimination, harassment, and retaliation based on protected characteristics such as age, disability, pregnancy, gender identity, and sexual orientation.
Who Can Be Held Liable in a San Jose Employment Case?
Determining liability in a workplace dispute is not always straightforward. The experienced attorneys at our San Jose employment law firm can help identify all responsible parties and pursue accountability under California and federal law.
The Employer (Private and Corporate Entities)
In most workplace claims, the employer is responsible for maintaining a lawful workplace.
For example, if a San Jose tech company engages in gender and sex discrimination or retaliates against an employee for reporting misconduct, the company may be liable. Under FEHA, employers are also strictly liable for sexual harassment by supervisors, even if management claims it was unaware of it.
Individual Liability (Supervisors and Managing Agents)
California law allows employees to hold supervisors or coworkers personally liable for workplace harassment. This differs from federal law, which typically limits liability to the employer.
Personal liability may also apply in certain wage-and-hour cases. Business owners, directors, officers, or managing agents may be held responsible for violations such as unpaid overtime, minimum wage violations, or denied meal and rest breaks.
Government and Public Entities
Employment claims involving public employers follow different procedures. If you work for the City of San Jose, Santa Clara County, or a state institution such as San Jose State University, your case may involve additional administrative steps.
Under the Government Tort Claims Act, employees pursuing claims against public entities typically must file a formal notice of claim within six months of the incident.
Third Parties and Contractors
Workplace violations sometimes involve individuals or companies other than the direct employer. For example, if a vendor, contractor, or client engages in harassment and the employer fails to take appropriate action, both the employer and the third party may be held responsible.
Liability may also arise in joint employment situations. When a worker is placed through a staffing agency, both the agency and the San Jose company where the employee works may share responsibility.
What Compensation Is Available in a San Jose Employment Claim?
When employers violate workplace laws, employees may be entitled to compensation designed to restore lost income and address the harm caused by unlawful workplace conduct.
- Back Pay and Lost Wages: Employees may recover wages lost due to wrongful termination, unpaid hours, denied overtime, or pay stub violations.
- Emotional Distress Damages: Workplace discrimination, harassment, or retaliation can cause significant emotional harm. Compensation may be available for stress, anxiety, and other emotional impacts.
- Punitive Damages: In cases involving intentional misconduct or extreme disregard for employee rights, courts may award punitive damages to punish the employer and deter similar conduct.
Why Choose the Venardi Zurada San Jose Employment Lawyers?
Workplace violations can place your career, reputation, and financial security at risk. You deserve attorneys who will listen to your concerns, carefully evaluate your situation, and take action to protect your rights.
At Venardi Zurada, our San Jose employment attorneys focus on clear guidance, practical solutions, and strong advocacy for workers whose rights have been violated. We take a client-first approach, helping you understand your options while standing up to employers who fail to follow the law.
We represent employees throughout San Jose and Santa Clara County, and our contingency representation means you pay nothing unless we recover compensation for you.
Call 833-893-6763 or complete our contact form to schedule a free consultation with our employment lawyers in San Jose.
Frequently Asked Questions
What Is the Statute of Limitations for Filing an Employment Claim in San Jose?
Deadlines depend on the type of claim, but many California workplace claims must first be filed with the Civil Rights Department before a lawsuit can proceed. Speaking with an employment attorney can ensure the correct deadline for your case is not missed.
Do I Need a Lawyer To Review My Employment Contract or Severance Agreement?
It is often beneficial to have a San Jose employment attorney review an employment contract or severance agreement before you sign it. An attorney can identify restrictive terms, unpaid compensation, or provisions that could affect your future employment rights.
What Can I Do if My Employer Is Paying Me Less Than the Required Minimum Wage?
If your employer fails to pay the required minimum wage or denies overtime and double-time pay, you may have a claim under California wage and hour laws.
Can I File a Claim for Unfair Treatment at Work Without Quitting My Job?
Yes. Employees can pursue claims involving discrimination, harassment, whistleblower retaliation for complaints, or other violations while they are still employed.
How Do I Know if My Employer Is Violating My Rights Under California Law?
Signs may include unpaid hours, harassment, retaliation through wrongful termination, or failure to provide legally required breaks.
