Wear Trial Law represents employees — not employers — in claims for workplace sexual harassment and assault, wrongful termination, retaliation and whistleblower claims, discrimination, and hostile work environment. Michael Wear brings a former prosecutor’s investigative approach and an Association of Workplace Investigators credential to understanding how employers build the record they intend to rely on.
What the firm handles
- Workplace Sexual Harassment & Assault
- Wrongful Termination
- Workplace Retaliation & Whistleblower Claims
- Workplace Discrimination
- Hostile Work Environment
Why the workplace investigation matters more than employees realize
When an employee complains, the employer typically opens an investigation. Employees usually assume this is the system working.
Sometimes it is. Often it is the employer building a defense — creating a documented, apparently neutral record that the complaint was taken seriously and found unsubstantiated. The scope of the investigation, the questions asked, the witnesses interviewed and the ones skipped, and how the findings are written all shape what a jury sees later.
Michael Wear holds an AWI-CH certificate from the Association of Workplace Investigators. On the employee’s side, that training is useful for a specific reason: it makes clear what a competent, good-faith investigation looks like, and therefore what it means when one departs from that standard.
Deadlines are shorter than people expect
Most California discrimination, harassment, and retaliation claims require filing an administrative complaint with the Civil Rights Department and obtaining a right-to-sue notice before a lawsuit can be filed. There is a deadline to file with the agency, and a separate, shorter deadline to file suit after the right-to-sue notice issues.
Different claims carry different clocks, and public employers add their own requirements. Do not assume you have years.
A note before you call
Wear Trial Law represents employees and shares office space with a firm that represents employers. A conflict check is run before any consultation. Please describe your situation in general terms at first contact — the employer’s name and your role are enough — and wait for confirmation before sharing confidential details.
Free and confidential. Call 415-233-9688.
Frequently Asked Questions
FAQ
At-will employment does not permit termination for an unlawful reason. It is not the barrier employers often suggest.
It may not be enforceable, particularly regarding sexual harassment or assault claims.
Many claims are brought by current employees, and retaliation for asserting your legal rights is separately unlawful.
There is no attorney’s fee unless there is a recovery. Additionally, California fee-shifting statutes may require the employer to pay your attorney’s fees if you prevail.
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