A wrongful termination from your employment is disheartening, to say the least. A termination that truly is deemed wrongful is also a violation of your legal rights pursuant to federal and California law. With that in mind, there are a number of important reasons why retaining an experienced San Jose employment attorney is necessary when you need to pursue a wrongful termination claim. Some of the more significant reasons that underscore the importance of hiring a San Jose employment lawyer include:



• Lawyer’s understanding of applicable laws and regulations
• Attorney’s understanding of administrative and court procedures
• Legal counsel’s experience in dealing with insurance companies and employers
• Presence of counsel lowers emotional tensions in a wrongful termination case

Understanding of Applicable Laws and Regulations

A fundamental reason why you must seriously consider retaining the services of an employment attorney San Jose is because of the understanding these professionals possess in regard to the application of labor laws, regulations, and associated court cases to your claim. The fact is that employment law, specifically that associated with wrongful termination of employment, can prove to complex.

The only way in which you can successfully pursue a wrongful termination claim is by understanding which statutes come into play and how they can be appropriately applied in your particular situation. Even attorneys that do not regularly practice in this area would be inclined to retain legal counsel with a background in employment law should they ever find themselves in the unenviable position of having been the target of a wrongful termination.

As an aside, employment laws are in a constant state of flux, in California and on the federal level. They can change fairly quickly because of the passage or new laws or amendments to existing ones. More significantly, court decisions can directly impact an existing labor law and sometimes in a major way. This fact about the prospect for changes in employment laws further underscores the need for a well-trained and tenacious employment attorney San Jose if you are facing the prospect of pursuing a wrongful termination claim.

Understanding of Administrative and Court Procedures

On a related note, the engagement of a San Jose employment lawyer is a necessity because of the very nature of the possible processes that might be implicated in regard to your wrongful discrimination claim. Depending upon the underlying facts of a particular wrongful termination claim, a person pursuing such a case might have to both undertake an administrative process and, failing that, then initiate civil litigation.

Another stark reality about a wrongful termination case is that understanding the procedural element of a claim can prove to be highly complex. The fact is that failing to properly undertake an aspect of the administrative or judicial processes can result in a person’s claim being dismissed. For example, if an administrative proceeding is part of a claim, missing a deadline in that process can result in the dismissal of that complaint. If dismissed, an individual may be locked out of pursuing a judicial remedy through a lawsuit.

In regard to a lawsuit, both the state of California and the federal government maintain what are known as statutes of limitations applicable to civil matters in the respective court systems. At its essence, a statute of limitations establishes a deadline by which certain types of cases must be formally filed in court. For example, in California, a wrongful termination lawsuit must be filed within two years of the dismissal.

The failure to file a wrongful termination lawsuit within the time set forth in the California statue of limitations can have dire consequences. Specifically, missing the deadline nearly always means that you will be precluded forever from pursuing a lawsuit to obtain justice and compensation as a result of a wrongful termination.

Again, the complexity of procedures associated with a wrongful termination claim cannot be overstated. That alone should motivate any person who lost a job because of wrongful termination to obtain legally counsel as rapidly as possible.

Experience Dealing with Employers and Insurance Companies

In the final analysis, both employers and their insurance carriers have one major thing in common with one another. Employers and insurance companies are in business to make money for their shareholders or other types of owners. One way businesses and insurance companies enhance their bottom lines is to limit the amount of money they pay out when a former employee makes a claim against a business based on an allegation of wrongful termination.

Insurance companies that provide coverage to businesses when they face claims like those for wrongful termination will utilize a myriad of different strongarm and even at times deceptive tactics in an attempt to thwart a full and fair settlement in a case. This type of conduct is far more likely to succeed in situations in which a person lacks legal representation.

The reason insurance companies and the businesses they cover are able to thwart appropriate claim settlements, resorting to what may meet the definition of unfair claims settlement practices, is not because you or other workers are somehow unintelligent. Understandably, most Americans simply do not know the nuances involved in the claims settlement process.

An experienced San Jose wrongful termination lawyer understands the machinations of insurance companies during the claims process. A lawyer with a background in this area of the law knows how to forcefully counter attempts by insurance carriers and businesses to unfairly or inappropriately prevent a proper resolution of a case. This is yet another factor that underscores the vital necessity of retaining a qualified attorney when pursuing a wrongful termination case.

Lowers the Level of Emotions a Wrongful Termination Case

Your emotions understandably may be raw as a result of the manner in which you were terminated from your employment. Those individuals associated with your employer may also be emotionally revved up as a result of your determination to pursue a wrongful termination case. The fact is that cases are difficult to move forward, let alone settle, when emotions are running high between the parties to a particular matter. Another reason why retaining an employment law attorney for your wrongful termination case is that the presence of lawyers oftentimes ends up lowering the emotional state of the parties directly involved in the case.

This notching down of emotions permits a wrongful termination claimant the ability to better pursue normal activities of daily living even while a particular case is pending. Reduced emotions also aid a person pursuing a claim in making more thoughtful and deliberate decisions in a case.

Retaining a Wrongful Termination Lawyer

The first step in retaining legal counsel following a wrongful termination is to schedule a free consultation and case evaluation. As a matter of practice, we represent clients in these types of cases will schedule an initial consultation at no cost. Indeed, most attorneys practicing in this area of the law utilized what is known as a contingency fee agreement. Through such a contract, a client pays no fees unless a lawyer obtains a favorable settlement or judgment.