Irvine Employment Law Attorneys

California has the strongest anti-non-compete public policy in the country. Business & Professions Code section 16600 makes any contract restraining a person from engaging in a lawful profession, trade, or business void with limited exceptions for the sale of a business. SB 699 (Labor Code section 925 and Business & Professions Code section 16600.5) bars employers from attempting to enforce out-of-state non-competes against California-based employees and provides a private right of action with attorneys' fees. AB 1076 required employers to notify current and former California employees by February 14, 2024 that any non-compete in their agreement was void. If your former employer threatens enforcement, you may have an affirmative claim for declaratory relief and damages.

Labor Code section 1102.5 protects employees who disclose, or refuse to participate in, what they reasonably believe to be a violation of state or federal law to a government agency, to a supervisor with authority over the issue, or to another employee with authority to investigate. Remedies include reinstatement, lost wages, emotional distress damages, attorneys' fees, and civil penalties up to $10,000 per violation. If the safety issue involves a publicly traded company, Sarbanes-Oxley section 806 and Dodd-Frank section 922 add federal whistleblower protections with separate filing windows. Wrongful termination in violation of public policy (Tameny claim) allows for additional tort damages including punitive damages when malice is shown.

Labor Code section 2751 requires that any commission plan be in writing, signed by both parties, and a copy given to the employee. Commissions are wages under Labor Code section 200 once earned. Whether your commission was earned depends on the plan terms, but California courts construe ambiguity against the employer. If a deal has closed and the customer has paid, clawing back the commission absent a clear chargeback provision generally violates Labor Code section 221 (no rebates of wages). You can file a wage claim with the Labor Commissioner's Santa Ana office or bring a civil suit, with recovery of unpaid commissions, waiting-time penalties under Labor Code section 203, and attorneys' fees under section 1194.

Labor Code section 432.3 (amended effective January 1, 2023) requires employers with 15 or more employees to include the pay scale for a position in any job posting. Employers with any number of employees must provide a current employee with the pay scale for their position upon reasonable request. Violations support an enforcement action by the Labor Commissioner, with civil penalties from $100 to $10,000 per violation, plus a private right of action for injunctive relief. The law operates alongside the Equal Pay Act (Labor Code section 1197.5), which prohibits wage disparities based on sex, race, or ethnicity for substantially similar work and shifts the burden to the employer to justify pay differences.

Federal immigration regulations require employers to pay reasonable travel costs to your last residence if they terminate you before your H-1B end date (8 CFR 214.2(h)(4)(iii)(E)). You also retain a 60-day grace period to find a new employer who can file an amended petition. Substantively, FEHA's protection against national origin discrimination (Government Code section 12940) applies regardless of immigration status, and Labor Code section 1171.5 reaffirms that all state labor protections apply to undocumented and visa-sponsored workers. If the termination was tied to complaints about wage payment, working hours, or workplace conditions, Labor Code section 1102.5 and the retaliation provisions of FEHA support a civil claim with full back-pay and emotional distress remedies.

Yes, but with important California limitations. Confidentiality agreements protecting genuine trade secrets are enforceable under the California Uniform Trade Secrets Act (Civil Code section 3426 et seq.). However, the Silenced No More Act (Code of Civil Procedure section 1001 and Government Code section 12964.5) prohibits employers from using non-disclosure agreements to silence employees about unlawful workplace harassment, discrimination, or retaliation. Confidentiality clauses that purport to bar disclosure of factual information about claims of harassment or discrimination are void as a matter of public policy. Any restrictive covenant that operates as a de facto non-compete is also void under Business & Professions Code section 16600.

Document the qualifications and experience of others promoted instead, any performance reviews you received, comments tied to gender or family status, and the timing of your complaints. Government Code section 12940 prohibits sex discrimination in promotion decisions, and the California Equal Pay Act (Labor Code section 1197.5) requires equal pay for substantially similar work absent a bona fide factor other than sex, race, or ethnicity. The 2017 amendments to section 1197.5 prohibit employers from relying on prior salary history to justify pay disparities. Filing windows are three years with the California Civil Rights Department under Government Code section 12960 and 300 days with the EEOC for federal Title VII claims.