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John Franklin McIntyre Jr

Employment and labor Attorney at San Jose, CA

4.6   7 reviews
  • Licensed for 29 years
    State CA
    Acquired 1994
    Active No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About John

Learn John’s areas of practice.

San Jose employment lawyer John McIntyre focuses on advising employees of all types (from CEOs to front-line workers) and employers of all sizes, ranging from start-ups to national corporations, on all aspects of the employer-employee relationship.

But first and foremost, John is a litigator who represents companies and employees in all types of employment litigation matters before state and federal courts and governmental agencies (including the U.S. Department of Labor (DOL), the California Department of Industrial Relations (commonly known as the “Labor Commissioner”) the U.S. Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH), prosecuting and defending claims involving wages, overtime, discrimination, harassment, wrongful termination, and retaliation.

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Shea & McIntyre
2166 The Alameda
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  7 customer reviews
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1 Star
Posted by Ali | July 29, 2016
This review is from a person who hired this attorney.
| Hired Attorney
Knowledgeable, confident and straight forward lawyer
I had an issue (back wage) with my previous employer. I went to John's office in San Jose for advice. John asked specific questions and took me through the legal process to a successful settlement. He also represented me in my DOL hearing. I am very confident to recommend him specially for labor issues.
Posted by BALAJI | October 19, 2013
Excellent and knowledgeable
John helped me to claim my pending salary from my former employer with in a short period of time. He is very knowledgeable provided excellent service. I Always reach out to him now and in future and will recommend him to my friends.
Posted by Darren | February 10, 2013
Great lawyer
John represented me and a few of my fellow managers in a case against our former employer. We thought, and John confirmed, we were misclassified as exempt employees under California law. Despite some difficult facts and law, John got us a seven figure settlement in a very short time. Our prior attorney could get nowhere and John got it settled in just a few weeks.
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Posted by anonymous | August 23, 2011
Great Attorney
Always put my compan's interest first and got a great result.
Posted by anonymous | April 11, 2011
Very competent and trustworthy defense attorney
Mr. McIntyre was an outstanding defense attorney. He is extremely professional and does not give any false illusions. He is very knowledgeable of the law and prepares the case extremely well. I enjoyed working with Mr. McIntyre due to his integrity, fine personality and sense of humor. We received the outcome that we had hoped for in litigation. I highly recommend John McIntyre.
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Posted by anonymous | October 12, 2008
Doug Alton
John McIntrye is a hard working dedicated lawyer. He returns calls and communicates openly with clients. He always does what is best for his client rather than whatever might bring him more billable hours. He is a great litigator and holds up well under pressure. He is very good at taking depositions. Always polite, diplomatic, and keeps his client's best interest in the forefront. I would recommend John Mcintyre (Jr). to anyone; especially if they are serious about defending their rights when the matter involves more than just money. John keeps up with all of the relitive laws and case law. My life is much more peacful now thanks to him.
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Posted by anonymous | August 16, 2011
Responsive and seemingly caring, but ignorant, timid, and ineffective lawyer
John was responsive and seemed to care, but only to a certain extent. He was more interested in making money for himself than to get the best results for us. His knowledge of the law was very very limited. Unfortunately, he tried to come across as more knowledgeable than he actually was. This misrepresentation of his skills ended up hurting our case in many ways.
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  • Hourly Rates $ 495-525 per hour
  • Contingency 33%-50%
Payment methods
Check, Credit Card


AVVO RATING 8.5 (Excellent)

Work Experience

  • Partner
  • Shea & McIntyre
  • 2011 - Present
  • Partner
  • Popelka Law Group
  • 1996 - Present
  • Associate
  • Smith, Smith & Kring
  • 1994 - 1996


  • University of San Francisco School of Law
  • JD - Juris Doctor
  • 1994
  • University of California - Irvine
  • BS - Bachelor of Science -- cum laude
  • 1990

Legal Cases

  • Confidential Settlement
  • 7-figure settlement (confidential)


  • 9th Circuit Court of Appeals
  • 2012 - Present
  • State Bar of California, Labor and Employment Law Section
  • 2005 - Present
  • United States District Court for the Southern District of New York
  • 1999 - Present
  • United States District Court for the Northern District of California
  • 1998 - Present
  • Santa Clara County Bar Association
  • 1996 - Present
  • United States District Court for the Eastern District of California
  • 1996 - Present
  • United States District Court for the Southern District of California
  • 1996 - Present
  • United States District Court for the Central District of California
  • 1995 - Present
  • Cherokee Memorial Endowment Fund
  • Trustee
  • 2005 - 2015
View all associations

Languages Spoken

  • English

Honors and Awards

  • Super Lawyers
  • Thomsen Reuters
  • 2021
  • Super Lawyers
  • Thomsen Reuters
  • 2020
  • Super Lawyers
  • Thomsen Reuters
  • 2019
  • Membership Award
  • Golden Key International Honour Society
  • 1990
View all awards


  • University of San Francisco Maritime Law Journal
  • Maitime Law Journal
  • 1993

Speaking Engagements

  • 20th Annual Education Conference
  • Labor & Employment Law
  • 2015

Attorney endorsements

Received (2)
Given (0)
Endorse John
Employment and labor Attorney | Dec 15
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Employment and labor Attorney | Jan 16
Relationship: Fellow lawyer in community
"I've worked with and against John on a number of cases. He is very knowledgeable, efficient and furthers his clients' interests. I respect his abilities and have referred clients to him when our office has a conflict or is otherwise unable to handle a matter."
This attorney hasn't created any attorney endorsements recently on Avvo.