San Jose Employment Law Attorneys

Almost certainly not. Business and Professions Code § 16600 voids contracts that restrain anyone from engaging in a lawful profession, trade, or business, with narrow exceptions tied to the sale of a business. Effective January 1, 2024, § 16600.5 went further: it bars employers from attempting to enforce non-competes regardless of where the contract was signed, makes such enforcement an act of unfair competition, and gives workers a private right of action with attorneys' fees against the employer. Broad customer non-solicits, no-recruit clauses, and forfeiture-for-competition provisions are also frequently unenforceable. Trade-secret protection under the California Uniform Trade Secrets Act still applies, but it requires actual misappropriation, not merely employment with a competitor.

Unvested RSUs typically remain governed by the equity plan and grant agreement. If the plan terms provide accelerated vesting on certain events (change of control, double-trigger termination, death/disability), those rights survive a layoff. Vested equity is generally yours subject to plan administration. Final wages under Labor Code §§ 201-203 must be paid immediately on involuntary termination, and willful failure triggers waiting time penalties of up to 30 days of wages. Earned but unpaid bonuses, commissions, and accrued vacation are wages and must be included. If you are 40+ and the layoff is part of a group reduction, the federal Older Workers Benefit Protection Act requires specific disclosures, a 45-day review period, and 7-day revocation period before any age-discrimination release is enforceable.

Labor Code § 1197.5 requires that employees performing 'substantially similar work' when viewed as a composite of skill, effort, and responsibility under similar working conditions receive equal pay, regardless of sex, race, or ethnicity. Differences in pay must be justified by a bona fide factor (seniority, merit, production, or another bona fide factor like education, training, or experience), the factor must not be derived from a sex-, race-, or ethnicity-based differential, must be job-related, and must be consistent with a business necessity. Under Labor Code § 432.3, an employer cannot rely on prior pay history to justify a wage disparity. The statute of limitations is generally 2 years (3 for willful violations), and penalties include twice the wage differential plus attorneys' fees.

H-1B workers are covered by the same anti-discrimination, anti-harassment, and anti-retaliation laws as US citizens. FEHA Gov Code § 12940 bars national origin and ancestry discrimination. Labor Code § 1102.5 protects whistleblowers. Labor Code § 1019 specifically bars unfair immigration-related practices in retaliation for exercising employment rights, including threatening to report or actually reporting a worker's immigration status. Title 8 immigration anti-discrimination law under 8 U.S.C. § 1324b also protects against citizenship-status and national-origin discrimination by employers with 4+ employees. The Department of Labor administers H-1B prevailing wage and nonretaliation rules; whistleblower complaints can also be filed with DOL Wage and Hour.

Labor Code § 2775 codifies the ABC test from Dynamex / AB 5. You are presumed to be an employee unless the hiring entity proves all three: (A) you are free from the company's control and direction in the actual performance of the work, (B) you perform work that is outside the usual course of the hiring entity's business, and (C) you are customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. Many tech categories have specific statutory exemptions that revert to the older Borello multi-factor test (e.g., certain bona fide business-to-business arrangements, certain professional services). When misclassified, you can recover unpaid overtime, meal/rest premiums, expense reimbursement, wage statement penalties, and PAGA penalties.

Internally, you can report to HR, your supervisor, an ethics line, or any person with authority. Under FEHA Gov Code § 12940(k), employers with 5+ employees must take reasonable steps to prevent and correct harassment. Externally, you can file with the California Civil Rights Department within 3 years under Gov Code § 12960. After receiving a right-to-sue letter, you have 1 year to file in court. Gov Code § 12964.5 prohibits employer-imposed NDAs that cover harassment, retaliation, or discrimination claims, so older settlement NDAs may be unenforceable for those purposes. Retaliation for reporting is independently actionable under § 12940(h). Single, serious incidents can be enough to create a hostile work environment under California law.

State-law claims under FEHA, the Labor Code, and common-law wrongful termination are typically filed in the Santa Clara County Superior Court, 191 N 1st St, San Jose, CA 95113. Federal claims under Title VII, the ADA, the ADEA, the FLSA, and the FMLA are filed in the U.S. District Court for the Northern District of California, San Jose Division, at the Robert F. Peckham Federal Building, 280 S 1st St. Many cases are filed in superior court because FEHA and Labor Code remedies (broader damages, attorneys' fees, no cap on emotional distress and punitive damages) are often more favorable than federal counterparts. Removal to federal court is possible if there's complete diversity or a federal question.

Yes. Labor Code § 246 generally requires employers to provide at least 40 hours or 5 days of paid sick leave per year, accruable at no less than 1 hour for every 30 hours worked. It can be used for the employee's own illness, preventive care, family-member care, or certain domestic-violence-related needs. San Jose itself has a city paid sick leave ordinance that provides additional protections to employees who perform at least 2 hours of work within city limits. Retaliation for using paid sick leave is prohibited under § 246.5. Many tech employers offer more generous PTO and sick time as part of their employee benefits, but they cannot dip below the statutory floor.