Employment Law (Employee)

Protecting the Rights of Employees
in Bay Area Employment Law Disputes

It may strike you as impossible, or maybe even not worth the time and effort to try to protect yourself against the illegal conduct of a powerful employer. However, there are certain state and federal employee rights' laws that provide protection in the workplace. And with the right legal team on your side, you can stand up against your employer and fight for your employee rights.

At Diemer, Whitman & Cardosi, LLP, the fact that we represent both employers and employees in employment law cases is an asset. Our broad practice experience provides valuable insights that have allowed us to successfully represent employees on countless occasions. To discuss your situation and any potential employment law claims you may have with an experienced lawyer, call or contact our San Jose, California, law offices to arrange for a free initial consultation.

Our Practice

Our attorneys have experience representing professionals, mid-level managers, engineers, and executives in disputes with employers of all types — particularly those in the technology, telecommunications, Internet, computer hardware and software and other intellectual property-driven Silicon Valley industries. This includes:

  • Wage-and-hour claims: We represent employees who have been illegally denied overtime pay or who have otherwise not been paid fairly by their employers.
  • Employment contract disputes: We challenge the validity and enforceability of employment contracts of all types, including severance agreements, non-disclosure agreements and non-compete agreements.
  • Employee discrimination claims: Our firm represents people in discrimination claims based on sex, pregnancy, race, disability or illness, national origin, or religion.
  • Employment status claims: Employers will often avoid compliance with employment laws by misclassifying their employees as independent contractors or as management or administrative personnel. We challenge those actions on behalf of our clients.
  • Wrongful discharge claims: Although employers have broad license to hire and fire employees at will, this right is not absolute. We aggressively represent people who have been wrongfully terminated by California employers.
  • Qui Tam or whistleblower claims: If you were terminated from your employment because you reported an illegal or fraudulent act, our firm can seek monetary damages and reinstatement to your former position (if desired) on your behalf.
  • Sexual harassment claims: We represent individuals who have been sexually harassed, assaulted or punished for not responding to the sexual advances of employers or supervisors.
  • WARN Act claims: When an employer lays off a large number of workers at one time or within a short period, employees may qualify for compensation under state and federal worker retraining laws. Our lawyers are here to help them obtain it.

Contact Diemer, Whitman & Cardosi, LLP.