San Jose Employment Law Attorneys

Mass layoffs and individual terminations in Silicon Valley are not always lawful. If you were selected for layoff based on age, race, gender, pregnancy, disability, or another protected characteristic, or if you were terminated in retaliation for reporting misconduct, your termination may be illegal. Tech companies must also comply with the WARN Act for mass layoffs, providing 60 days' notice. Our San Jose attorneys have handled numerous wrongful termination cases against major Silicon Valley employers.

California's Equal Pay Act and FEHA prohibit employers from paying employees less based on gender, race, or ethnicity for substantially similar work. Despite San Jose's high-paying tech sector, significant pay gaps persist, particularly for women and people of color. California also prohibits employers from asking about prior salary history and requires pay transparency in job postings. If you believe you are being paid less than colleagues doing similar work, contact our attorneys.

H-1B visa holders in Silicon Valley have the same core employment protections as any worker under California and federal law, including protection from discrimination, harassment, and wage theft. Employers cannot threaten your visa status to prevent you from reporting violations or exercising your rights. Additionally, H-1B workers must be paid the prevailing wage — if your employer is paying below that, you may have a Department of Labor complaint. Our attorneys understand the unique pressures facing visa-dependent workers.

San Jose workers can file with the California CRD, the EEOC's San Jose Local Office on South Market Street, the California Labor Commissioner, or file a lawsuit in Santa Clara County Superior Court. San Jose also has its own Office of Equality Assurance for city-specific workplace issues. The best filing strategy depends on your specific claims and circumstances.

California AB 51 prohibits employers from requiring employees to sign arbitration agreements as a condition of employment. However, federal courts have partially blocked this law based on the Federal Arbitration Act. The legal landscape is evolving. If you signed an arbitration agreement, it may still be challengeable if it is unconscionable or was imposed under duress. Consult a San Jose employment attorney to evaluate whether your arbitration clause is enforceable.

Common violations in the San Jose and Silicon Valley area include age discrimination in tech layoffs, gender and racial pay disparities, pregnancy discrimination, retaliation against whistleblowers, misclassification of workers as independent contractors, unpaid overtime for misclassified exempt employees, and hostile work environments. The competitive, high-pressure culture of Silicon Valley can also enable bullying and harassment that crosses legal lines.