Wrongful Termination & Employment Lawyer, Bay Area

About the practice area

Wrongful termination and employment lawyer for Bay Area workers

Fired, forced to quit, or punished for reporting a problem? You may have a case. Free consultation. Hablamos español. Call (510) 856-4421.

Cases we handle

Wrongful termination. You were fired for an illegal reason: discrimination, retaliation, or a reason that violates public policy.
Constructive termination. Your employer made work so intolerable that a reasonable person would quit. California treats this as a firing.
Whistleblower retaliation. You were punished for reporting fraud, safety problems or illegal conduct to a manager or a government agency.
Discrimination. You were treated worse because of race, national origin, ancestry, citizenship, age (40+), sex, pregnancy, disability, religion, sexual orientation or another protected trait.
Retaliation. You were punished for complaining about discrimination or harassment, taking protected leave, or asking to be paid what you are owed.
Unpaid wages. Unpaid overtime, missed meal and rest breaks, off-the-clock work. We handle individual cases, class actions and PAGA cases.
Discrimination against U.S. workers. You were replaced or passed over in favor of H-1B or other visa workers. Read our guide.

Signs you may have a case

You were fired soon after complaining, reporting a problem, taking leave or asking about your pay.
Your replacement is younger, of a different nationality, or on a work visa.
Good reviews for years, then sudden "performance problems" after you spoke up.
You were pushed to resign, or your hours or duties were cut.
You were not paid for all your hours, overtime or breaks.

For many Labor Code retaliation claims, California now presumes retaliation if you were punished within 90 days of speaking up.

What you can recover

Depending on the case: lost pay and benefits, future lost earnings, emotional distress damages, and in some cases punitive damages. Whistleblower retaliation can add a civil penalty of up to $10,000 per violation, paid to the worker. California law lets winning workers recover attorney's fees in discrimination and many wage cases.

Our experience

Certified co-lead class counsel in Garcia v. Oracle, part of the Oracle Wage and Hour Cases (JCCP 4597, Alameda County Superior Court).
Co-lead class counsel for a certified class of hotel housekeepers in Sosa v. Marriott International (Santa Clara County Superior Court).
Co-lead class counsel in wage cases against Capaz Construction, after winning the appeal in Castillo v. Toll Bros., Inc. (2011) 197 Cal.App.4th 1172.
PAGA representative case, Martinez v. UltraEx (Alameda County complex litigation).
Multiple individual wrongful termination, discrimination and wage cases.
Licensed in California since 2003. Super Lawyers Rising Star 2012–2016.

Prior results do not guarantee a similar outcome.

How long do I have to file?

Federal citizenship discrimination charge (DOJ, 8 U.S.C. §1324b): 180 days.
EEOC charge (Title VII) in California: 300 days, then 90 days to sue after the right-to-sue notice.
Wrongful termination in violation of public policy: generally 2 years.
California discrimination complaint (Civil Rights Department, FEHA): 3 years, then 1 year to sue after the right-to-sue notice.
42 U.S.C. §1981 lawsuit: 4 years for firing; 2 years for refusal to hire.

Some deadlines are shorter, and severance agreements often waive your rights. Call before you sign anything.

What to do now

Write down what happened, with dates and names.
Keep your own records: offer letter, reviews, pay stubs, termination letter, texts. Do not take confidential company files.
Do not sign a severance agreement or release before talking to a lawyer.
Call (510) 856-4421 for a free consultation.

Where we help

Silicon Valley and the Bay Area: Santa Clara County (San Jose, Santa Clara, Sunnyvale, Mountain View, Palo Alto, Cupertino), San Mateo, San Francisco, Alameda (Oakland, Fremont, Hayward, San Leandro) and Contra Costa. Office in San Leandro.

Can my employer fire me for any reason?

Most California jobs are "at will." But an employer cannot fire you for an illegal reason, such as discrimination, retaliation or whistleblowing.

I quit. Can I still have a case?

Yes, if conditions were so bad that a reasonable person would have felt forced to quit. That is constructive termination.

Should I sign my severance agreement?

Not before talking to a lawyer. Most severance agreements waive your claims in exchange for the payment.

Does it cost anything to talk to you?

No. The first consultation is free.

Do you speak Spanish?

Yes. Hablamos español.

I'm a U.S. citizen and my company prefers visa workers. Do I have a case?

Possibly. Federal and California law protect U.S. workers from citizenship and national origin discrimination. See our guide.

Free consultation. Se habla español. Call (510) 856-4421.

Reviewed by Daniel Weltin, attorney at law. Updated November 2026. This page is general information, not legal advice for your case. Prior results do not guarantee a similar outcome.

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How it works

What happens after you call

01.

Tell us what happened

Call (510) 856-4421 or send the form. We listen, in English or Spanish, and tell you whether you have a case.

02.

Protect your deadlines

We file on time with the right agency, such as the Civil Rights Department, the EEOC or the DOJ, so you keep your right to sue.

03.

Build the evidence

We gather your records, pay data and witnesses, and demand the employer's documents.

04.

Settle or go to court

We push for a fair settlement and take your case to court when the employer will not pay what it owes.

Wrongful Termination & Employment