Sunnyvale Employment Law Attorneys

California FEHA (Gov Code § 12940(a)) and the federal ADEA prohibit age discrimination in hiring, promotion, compensation, and termination for workers 40 and older. Look at the demographic profile of the layoff list, the calibration scores assigned in the months leading up to it, and any comments about 'energy,' 'fit,' or 'fresh thinking.' If you were offered severance, the Older Workers Benefit Protection Act requires specific disclosures, 21 or 45 days to consider, and 7 days to revoke. Releases that fail OWBPA do not validly waive age claims.

Often you are an employee of the staffing agency, the tech company, or both. Labor Code § 2775 codifies the ABC test for independent-contractor classification, and § 2810.3 imposes joint and several liability on a 'client employer' for wages and workers' compensation obligations of labor contractors providing workers in the client's usual course of business. Failure to pay overtime, denial of meal-and-rest breaks, and non-reimbursement of phone, internet, and home-office expenses under § 2802 are all recoverable. PAGA representative actions under § 2698 add penalty exposure.

Sometimes, sometimes not. Earned wages, commissions, and performance-based incentive pay that are fully accrued become wages under Labor Code §§ 200-204 and must be paid at termination. Commission agreements must be in writing and signed under Labor Code § 2751. Forfeiture provisions in equity plans are subject to scrutiny when used selectively or retaliatorily. Even if a true 'unvested' RSU is forfeitable under the plan, the timing of termination, the reason for it, and the conditions on severance can support wage and tort claims. Waiting-time penalties under § 203 add up to 30 days of pay.

Generally no for California-resident employees. Labor Code § 925 prohibits an employer from requiring an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that requires the employee to litigate disputes outside California or that deprives them of California substantive protections. The employee can void the provision and recover attorney's fees. Section 925 does not apply if the employee was individually represented by counsel in negotiating the agreement, so the analysis is fact-specific.

California Labor Code § 1019 prohibits unfair immigration-related practices, including using or threatening to use immigration enforcement to retaliate against an employee. Labor Code § 244(b) provides that a particular immigration status is not necessary for an employee to pursue civil or criminal remedies. Labor Code § 1102.5 protects whistleblowers from retaliation across industries; FEHA § 12940(h) protects against retaliation for opposing harassment or discrimination, and § 12940(a) and Title VII cover national-origin discrimination. Visa-related threats, sudden transfers, or accelerated termination made in response to a protected complaint can themselves be powerful evidence of unlawful retaliation, with damages including lost wages, emotional distress, and statutory penalties.

It can be. FEHA, Gov Code § 12940(h), prohibits retaliation against any employee who opposes, reports, or participates in an investigation of harassment or discrimination. A close temporal connection between the protected report and a sudden Performance Improvement Plan, especially without a documented prior performance history, is a classic indicator of retaliation. Labor Code § 232.5 also protects discussions of working conditions, and § 1102.5 covers complaints about other suspected legal violations. Documentation of the timeline, comparator treatment for similarly situated coworkers, and any deviation from the employer's normal performance-management practice is critical to building the case.

Yes. The City of Sunnyvale has its own minimum wage ordinance (Sunnyvale Municipal Code Chapter 3.80) that is higher than the California state minimum under Labor Code § 1182.12 and is adjusted annually for inflation, similar to neighboring Mountain View and Cupertino. Statewide paid sick leave under Labor Code § 246, expanded to forty hours by SB 616, applies in parallel. Employers with workers in multiple South Bay cities must comply with the highest applicable local minimum wage for time worked in each jurisdiction. Workers paid below the Sunnyvale rate can file claims with the DLSE and pursue civil and PAGA penalties.

FEHA discrimination, harassment, and retaliation claims must be filed with the CRD within three years of the unlawful act under Gov Code § 12960, with an additional year after the right-to-sue notice to file suit. EEOC charges must be filed within 300 days. Wage claims have three years for most Labor Code violations and four years under the Unfair Competition Law. Labor Code § 1102.5 whistleblower claims are typically three years. Equity, commission, and severance disputes can involve overlapping limitations periods, so consult counsel early.