gavel books San Jose Employment Lawyer

Our San Jose employment lawyer at Costanzo Law Firm builds cases in a manner best designed to anticipate potential defenses that may be raised by the defendant employers. If you have an employment law dispute with your employer, here is what our San Jose employment lawyer will tell you that your employer might claim.

Common Defenses

The defenses raised in your case will depend on the type of claim you are making as well as what occurred. There are some very common defenses that are raised in employment cases, however.

1. Problems with How Your Case Is Filed

The employer may try to claim that you either filed your claim with the EEOC beyond the statutory deadline or that your specific claim that you did file does not cover what you have alleged to have occurred.

2. Defenses to Harassment Claims

There are several potential defenses that may be raised to your harassment claim, including any of the following:

  • The harassment you experienced was not severe.
  • You participated in sexual joking or invited sexual advances.
  • You didn’t follow the harassment policy outlined by your company.
  • The terms and conditions of your employment were not impacted by the harassment.

3. Defenses to Age Discrimination Claims

A common defense raised in age discrimination suits include an assertion that the same person hired and fired you. Another is that you were replaced or not hired in which the hired worker was in the same class as you and who was more qualified.

4. Retaliation Defenses

Common retaliation case defenses include a claim that you can’t prove your actions caused the retaliatory job action, or that you didn’t suffer a negative employment action.

5. Other Defenses

A number of of other common defenses may be raised in a variety of different types of discrimination and wrongful termination cases. These defenses include all of the following:

  • Discriminatory comments that were made were stray ones.
  • You are not similarly situated to others.
  • You haven’t presented any evidence showing pretext.
  • You didn’t request accommodation for your disability, or the accommodation still wouldn’t have helped you do your job.
  • Your employer had good cause to fire you.
  • Your work environment does not show evidence amounting to a constructive discharge.
  • You failed to mitigate your damages.
  • The employer found evidence later that would have supported your termination.
  • Your emotional distress was caused by pre-existing conditions or other life stressors.
  • You weren’t qualified for FMLA leave.

Contact a San Jose Employment Lawyer

Fighting an employment law case is difficult. To speak with a San Jose employment lawyer at the Costanzo Law Firm, APC, call (408) 993-8493.


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