The Law Office of Michael Hsueh specializes in employment law, so you can rest assured that your matter is in the right hands.  The firm serves the Silicon Valley and the Greater San Francisco Bay Area and is conveniently located in San Jose, California.  For more information about the firm's practice areas, please take a look below.

If you believe that you have experienced an adverse employment action based on a protected class or if you have any questions, please give the firm a call at (408) 418-4672 for a free consultation or click here for more ways to get in touch.


WRONGful termination

Although California is an "at-will" state, meaning that private sector employers may generally terminate their employees at any time and for any reason, there are certain exceptions.  California has laws that prohibit terminating an employee when it would violate public policy.

For example, California law prohibits termination based on race, religion, color, national origin, ancestry, disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, age, sexual orientation, or veteran status.  The law also prohibits termination based on pregnancy leave, political affiliation, filing a complaint with the Labor Commissioner, and complaining about workplace safety, among other things.  If you believe your rights have been violated or if you have any questions, please give us a call at (408) 418-4672 for a free consultation.

Discrimination

California law prohibits employers from taking any adverse employment action (termination, failure to hire, failure to promote, demotion, pay decrease, etc.) on the basis of an employee's race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, age, sexual orientation, or veteran status.  If you believe your rights have been violated or if you have any questions, please give us a call at (408) 418-4672 for a free consultation.

DISability

Not only are California employers prohibited from taking an adverse action against an employee with a qualified disability, most employers must provide "reasonable accommodations."  These are changes in the job or workplace that enable an employee to successfully perform the essential duties of the job.  Examples of potential reasonable accommodations include modification of work schedules, modification of workplace facilities or furniture, transfer to another work location, time off for treatment of a disability, job restructuring, additional training, and modification of workplace policies.  An employer's obligation to provide a reasonable accommodation depends on whether or not the requested accommodation imposes an "undue hardship" on the employer.  If you believe that your rights have been violated or if you have any questions, please give us a call at (408) 418-4672 for a free consultation.

FMLA/CFRA/Leaves of Absence

Both federal and state laws provide for protected employee leaves of absence for various reasons, including disability, sickness, injury, pregnancy, and child birth.  Whether or not an employee is entitled to protected leave depends on factors such as the size of the employer and the length of employment.  If an employee is legally entitled to leave, the employer may not deny leave nor can they retaliate against the employee for requesting or taking leave.  If you believe that your rights have been violated or if you have any questions, please give us a call at (408) 418-4672 for a free consultation.

Sexual Harassment

Employers in California are prohibited from subjecting employees to an adverse employment action based on the employee's rejection of sexual conduct.  Employers are also prohibited from engaging in severe or pervasive sexual conduct that creates an intimidating, hostile or offensive work environment.  Examples of conduct that can create a hostile work environment include sexual jokes, sexual advances and touches, verbal propositions of sex, exposure to sexual images, and "quid pro quo" sexual harassment, such as demands for sexual favors in exchange for a promotion.  If you believe that your rights have been violated or if you have any questions, please give us a call at (408) 418-4672 for a free consultation.

retaliation/Whistleblower

Employers in California may not retaliate by subjecting an employee to an adverse employment action that affects the terms and conditions of the job because the employee has opposed any prohibited practice under California law or made a complaint of workplace discrimination or harassment.  Furthermore, employees are also protected when they report violations of law, safety violations, or if they refuse to violate a law.  Examples include reporting work-place safety, unsafe patient care and conditions, government fraud. and tax fraud, among other things.  If you believe that your rights have been violated or if you have any questions, please give us a call at (408) 418-4672 for a free consultation.

wage and hour violations

Although employers in California must ensure that they pay their employees in accordance to the strict requirements of state and/or federal law, they sometimes fail to do so.  These failures include, among other things, failure to pay the minimum wage, failure to pay overtime, failure to pay for all hours worked, failure to provide meal/rest breaks, and a failure to reimburse for uniforms and other work expenses.  Furthermore, it is not uncommon for employers to incorrectly classify employees as "exempt" or as "independent contractors" in order to avoid providing the required compensation or benefits.  If you believe that your rights have been violated or if you have any questions, please give us a call at (408) 418-4672.