Employment Law matters in San Jose
San Jose anchors the technology economy of Silicon Valley, and its labor market reflects that. Alongside software, semiconductor, and hardware companies sit a large electronics manufacturing and assembly base, a heavy reliance on contractors and staffing agencies, a growing gig and platform workforce, and the service and support jobs that surround it all. Equity compensation, layoffs and reorganizations, restrictive agreements, and worker-classification disputes are part of the everyday landscape here — and so are the legal questions they raise when an employer mishandles them.
MMG Law Firm represents employees, not the companies they work for. Attorney Mihran M. Ghazaryan handles wrongful termination, discrimination and harassment, retaliation and whistleblower claims, and unpaid wage and overtime matters for workers across San Jose and Santa Clara County. We can work with clients in English, Armenian, and Russian.
Issues that come up in the Valley
- Wrongful termination, including firings around layoffs or reorganizations that mask an unlawful motive behind an "at-will" label
- Discrimination and harassment based on a protected class — including national origin, race, age (40+), sex, pregnancy, disability, and religion
- Retaliation and whistleblower claims for reporting fraud, securities or safety issues, harassment, or wage violations
- Unpaid wages and overtime, including misclassification as exempt or as an independent contractor, unpaid off-the-clock work, and disputes over earned but unpaid compensation
How California protects employees
California's protections are among the strongest in the nation and reach most San Jose employers. The Fair Employment and Housing Act (FEHA) bars discrimination, harassment, and retaliation tied to a protected characteristic and requires a good-faith interactive process for disability accommodations. The Labor Code separately guarantees minimum wage, overtime, meal and rest breaks, and the timely payment of final wages, and California's worker-classification rules limit when someone may be treated as an independent contractor. Remedies can include back pay, front pay, emotional-distress damages, statutory penalties, and in some cases punitive damages, and FEHA permits prevailing employees to recover attorney's fees.
CRD complaints, right-to-sue, and deadlines
Most FEHA claims start with an administrative complaint to California's Civil Rights Department (CRD, formerly the DFEH). You generally have up to three years from the violation to file under Government Code §12960, and one year from your right-to-sue notice to file in court. Wage claims run on separate timelines — generally three years of back wages, or up to four under the Unfair Competition Law — and may be pursued through the Labor Commissioner or in court. Employment lawsuits for San Jose workers are typically filed in the Superior Court of California, County of Santa Clara.
What to do next
- Save your offer letter, equity documents, handbook, and any agreements you signed
- Keep performance reviews, emails, Slack messages, and pay and stock records
- Do not sign a separation, severance, or release agreement before having it reviewed
- Contact a lawyer early, since deadlines are strict and equity and classification questions can be time-sensitive
Our attorney
How Mihran M. Ghazaryan helps with employment law
Mihran M. Ghazaryan starts with a confidential review of what happened and tells you plainly whether you have a claim. He helps you preserve the record that wins employment cases — the emails, reviews, and timeline — handles the Civil Rights Department complaint and right-to-sue process, and holds the employer to California's strong protections for employees. Where it fits, his fee comes only from a recovery.
Types of workplace matters we handle
Wrongful termination
Firings that violate the FEHA, retaliate for protected activity, or breach California public policy — including terminations dressed up as layoffs or performance issues.
Discrimination and harassment
Adverse treatment or a hostile environment based on a protected class — race, sex, age, disability, religion, national origin, pregnancy, and more — under the FEHA.
Retaliation and whistleblower claims
Punishment for reporting harassment, unsafe conditions, or unlawful conduct, or for taking protected leave. California law protects employees who speak up.
Unpaid wages and overtime
Off-the-clock work, missed meal and rest breaks, misclassification, and unpaid final wages — Labor Code claims that carry penalties on top of the wages owed.
Remedies
What you may be able to recover
Every workplace matter case is different, but California law lets wronged employees pursue several categories of relief. We document each one — pay records, performance reviews, communications — so nothing is left on the table.
Back pay and lost benefits
Wages, commissions, and benefits you lost from the date of the wrongful act — a core remedy in wrongful-termination and discrimination claims.
Front pay
Future earnings you're likely to lose when reinstatement isn't realistic, measured until you can reasonably be expected to find comparable work.
Emotional distress
Compensation for the anxiety, humiliation, and harm to wellbeing that unlawful treatment at work can cause.
Penalties and punitive damages
Statutory penalties for wage violations, and — where an employer acted with malice or oppression — punitive damages meant to deter the conduct.
Attorney's fees and costs
Many California employment statutes shift the employee's reasonable attorney's fees and costs onto an employer that broke the law.
Reinstatement and policy change
Where it fits the case, getting your job back or forcing the employer to correct the practice that harmed you.
How we work
- 1
Free, confidential consultation
We listen first and tell you plainly whether you appear to have a claim. The conversation is confidential and there's no fee to have it — and we're careful if you're still employed.
- 2
Preserve the record
Offer letters, handbooks, performance reviews, emails and texts, pay stubs, and a timeline of events. The contemporaneous record is what wins or loses an employment case, so we lock it down early.
- 3
Administrative exhaustion and the demand
FEHA claims generally require a complaint with the Civil Rights Department and a right-to-sue notice first. We handle that step, then present a documented demand to the employer.
- 4
Litigation when necessary
Many matters resolve through negotiation or mediation. When an employer won't be reasonable, we file and prepare the case fully — which is usually what moves the number.
What to do right away
- Write down a dated timeline of what happened while it's fresh.
- Save copies of relevant documents to a personal (non-work) account — offer letter, reviews, emails, texts, pay records.
- Keep notes of who said what, when, and who else was present.
- Be careful about signing severance or release agreements before they're reviewed — deadlines to accept are usually negotiable.
- Report harassment or discrimination through your employer's stated process where it's safe to do so.
- Talk to a lawyer before resigning — quitting can change the claim and the remedies available.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Deadlines that matter
Most California FEHA claims require a complaint with the Civil Rights Department first — generally within three years of the discrimination, harassment, or retaliation (Gov. Code §12960). You then have one year from the right-to-sue notice to file in court.
Other employment deadlines run on their own clocks — unpaid-wage claims generally reach back three years (up to four under the UCL), and a wrongful-termination-in-violation-of-public- policy claim runs two years. Federal EEOC charges can be far shorter.
Exceptions exist in both directions — discovery rules, minors, continuing violations, out-of-state defendants — so don't assume your deadline has passed or that you have time to spare. Call (818) 539-7969 and we'll tell you exactly where you stand.