San Jose Employment Lawyer
Westview Law PC represents San Jose employees in wrongful termination, harassment, retaliation, and discrimination cases under FEHA and Title VII. Free, confidential case review with a California-licensed attorney.
Reviewed by David M. Safvati, Esq., California State Bar #326605 (verify) · Attorney Advertising
Consultations are confidential and conducted by phone, video, or in person by appointment. Westview Law PC serves employees throughout the City of San Jose and Santa Clara County, including downtown, North San Jose, Berryessa, Almaden, Willow Glen, and Evergreen.
Employment Lawyer for San Jose Workers
San Jose is the labor center of Silicon Valley, and the legal questions that come into a plaintiff-side employment firm reflect that. Engineers at semiconductor and hardware companies, software developers at the major platforms, healthcare workers at Stanford Health Care and Kaiser, and bioscience researchers across the South Bay all share the same baseline of California statutory protection. The California Fair Employment and Housing Act at Gov. Code §12940 prohibits discrimination, harassment, and retaliation based on protected categories. Title VII, the ADA, and the ADEA add federal protection.
Westview Law PC represents employees, not employers. In San Jose, that means engineers terminated after raising safety or compliance concerns, H-1B and other visa-status workers facing national-origin slurs from a manager, hospital nurses retaliated against for reporting patient-care issues, biotech staff denied accommodations after surgery, and warehouse workers misclassified as independent contractors. The legal frame depends on the claim, but the question is the same: did your employer cross a line that gives you a remedy under state or federal law?
This page covers how California employment law applies to San Jose workers, what filing deadlines run, where your case is heard, and what working with counsel looks like. If you suspect your employer broke a rule, a short call with an attorney clarifies whether the facts state a claim and what evidence to preserve right now.
Your Rights as a San Jose Employee
California protects employees through several overlapping frameworks. FEHA covers discrimination, harassment, and retaliation tied to protected characteristics. Title VII covers the same conduct at the federal level with shorter deadlines. The Labor Code covers wages, hours, breaks, leave, and retaliation tied to whistleblowing or wage complaints.
- FEHA, Gov. Code §12940. Prohibits discrimination, harassment, and retaliation based on race, color, religion, sex, gender identity, sexual orientation, marital status, national origin, ancestry, disability, medical condition, genetic information, age (40+), military status, and several other protected categories.
- Title VII, 42 U.S.C. §2000e et seq. Federal counterpart covering employers with 15 or more employees. EEOC charges are due within 180 days, extended to 300 days in California because CRD is the equivalent state agency.
- Whistleblower retaliation, Lab. Code §1102.5. Protects employees who report violations of state, federal, or local rules, including reports made internally to a supervisor.
- Wage and hour, Lab. Code §510 (overtime), §226.7 (meal and rest breaks), §1194 (overtime recovery), §1197.5 (equal pay).
- Pregnancy disability, Gov. Code §12945. Up to four months of pregnancy disability leave, independent of CFRA.
- CFRA, Gov. Code §12945.2. California's family leave statute, broader than federal FMLA in several respects.
National-origin discrimination in a visa-heavy workforce
San Jose has one of the highest concentrations of H-1B and other visa-status workers in the country. The recurring claim pattern that lands at this firm is national-origin discrimination paired with retaliation. FEHA protects against discrimination based on national origin and ancestry, and Title VII does the same at 42 U.S.C. §2000e-2. A typical fact pattern: an engineer raises a concern about a hostile-environment incident (mocking an accent, slurs about visa status, exclusion from technical decisions tied to country of origin). The supervisor responds with a sudden negative performance review, a project demotion, or a PIP, then termination. That sequence supports both a direct discrimination claim and a retaliation claim under FEHA Gov. Code §12940(h) and Title VII at 42 U.S.C. §2000e-3(a).
The employer's response in these matters often turns on the timing of the protected complaint and the documented performance record before it. A clean performance record before the complaint, paired with an immediate negative review after, is the strongest temporal-proximity evidence in this kind of case.
Deadlines that cut off your case
California uses the burden-shifting framework adopted from McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792, applied in California through Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317. The employee shows a prima facie case; the employer offers a non-discriminatory reason; the employee shows pretext. The framework only matters if you file in time.
| Claim | Forum | Deadline |
|---|---|---|
| FEHA discrimination, harassment, retaliation | CRD (state) | 3 years from last unlawful act, Gov. Code §12960(e) |
| Title VII, ADA, ADEA | EEOC (federal) | 300 days in California (deferral state) |
| Civil suit after right-to-sue | Superior Court or U.S. District Court | 1 year from CRD right-to-sue; 90 days from EEOC notice |
| Wage claims, Lab. Code §1194 | Labor Commissioner or court | 3 years (unpaid wages); 4 years if pleaded under B&P §17200 |
| Whistleblower retaliation, §1102.5 | Superior Court | 3 years |
How Westview Law PC Helps San Jose Employees
Intake and case evaluation
A confidential conversation with a California-licensed attorney. We review documents, employment history, and the timeline before recommending next steps.
CRD and EEOC charge filing
We draft and file the administrative charge, preserve the statute of limitations, and request the right-to-sue letter when the record supports it.
Investigation
Witness interviews, document preservation requests, pay-record analysis, and review of policies, handbooks, and personnel files.
Demand letter and pre-litigation negotiation
A written demand based on documented facts, statutory damages, and case-specific recovery models. Many matters resolve here.
Litigation in state or federal court
Filing in Santa Clara County Superior Court or the Northern District of California; written discovery, depositions, motion practice.
Mediation and trial
Private mediation, court-ordered settlement conferences, and jury trial preparation when settlement is not in your interest.
Employment Cases We Handle in San Jose
Wrongful termination
Firings that violate FEHA, public policy under Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, or contract.
Workplace harassment
Hostile work environment claims under FEHA and Title VII, including Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264.
Workplace retaliation
Adverse actions after a protected complaint, FEHA filing, or whistleblower disclosure under Lab. Code §1102.5.
Disability discrimination
Failure to accommodate or interactive-process violations, FEHA §12940(m) and ADA Title I.
Pregnancy discrimination
Demotion, denial of PDL, or termination tied to pregnancy under Gov. Code §12945.
Racial discrimination
Disparate treatment, disparate impact, and harassment based on race or color.
Sexual harassment
Quid pro quo and hostile environment claims, with employer liability under Aguilar v. Avis Rent A Car (1999) 21 Cal.4th 121.
Age discrimination
ADEA and FEHA claims for workers 40 and older. Common in tech-industry workforce reductions.
National-origin discrimination
Ancestry, accent, and visa-status harassment claims, frequent in Silicon Valley engineering teams.
Religious discrimination
Failure to accommodate religious observance, dress, or grooming under FEHA.
Equal pay
Sex, race, and ethnicity pay-gap claims under Lab. Code §1197.5.
Wage and hour
Unpaid overtime, missed meal and rest breaks, misclassification, and pay-stub violations.
Common Violations We See in San Jose Workplaces
Discriminatory firing
Termination after a protected disclosure, accommodation request, or pregnancy announcement.
Hostile work environment
Severe or pervasive conduct that alters the conditions of employment under Lyle and Aguilar.
Quid pro quo
Job benefit conditioned on submitting to sexual demands, or punishment for refusing.
Denied accommodation
Refusal to engage in the interactive process or to provide reasonable accommodation, Scotch v. Art Inst. of Cal. (2009) 173 Cal.App.4th 986.
Retaliation for protected activity
Demotion, schedule change, or termination after a complaint to HR, CRD, or a supervisor.
Wage theft
Unpaid overtime, off-the-clock engineering work after hours, and unpaid sick leave.
Misclassification
Employees treated as independent contractors under the Dynamex ABC test, codified at Lab. Code §2775.
Failure to pay overtime
Time-and-a-half over 8 hours per day or 40 per week under Lab. Code §510, with §1194 recovery.
Denied leave
PDL, CFRA, FMLA, and paid sick leave denials, plus retaliation after taking protected leave.
Who Can Be Held Liable
The employer
Strict liability for supervisor harassment under FEHA, plus negligence in hiring, retention, and supervision.
Supervisors
Personally liable for harassment under FEHA, even where the employer is also sued.
Managers
Liable for their role in adverse actions, particularly where they served as the decision-maker.
HR
Liable where HR participated in retaliation, failed to investigate, or covered up complaints.
Co-workers
Employer liability attaches where the employer knew, or should have known, and failed to act.
Staffing agency
Joint employer with the worksite employer when both control terms and conditions. Common in tech contractor arrangements.
Joint employer
Parent companies, integrated enterprises, and platform employers sharing control over wages, hours, or discipline.
Successor liability
An acquiring entity may be liable for the predecessor's unlawful conduct in defined circumstances. Recurring after Silicon Valley acquisitions.
Damages You May Recover
Back pay and front pay
Lost wages from the unlawful act through judgment, plus future wages where reinstatement is not feasible. Includes lost equity for tech employees where calculable.
Emotional distress and punitive damages
Non-economic damages for the human cost of the violation, and punitive damages where the employer acted with malice, oppression, or fraud.
Attorney's fees and costs
Recoverable under Gov. Code §12965(c) for FEHA, and 42 U.S.C. §2000e-5(k) for Title VII.
Representative Recoveries
Specific past results in this practice area are confidential and provided in consultation. Public verified flagship outcomes for the firm include a $146 million jury verdict (commercial), an $11.4 million judgment (real estate fraud), and a $3.2 million jury verdict (breach of contract; Top 100 California Verdicts 2024).
Past results do not guarantee future outcomes. Each case depends on its specific facts. See our case results page for the full firm record.
Why Employees Choose Westview Law PC
- Plaintiff-side only. The firm represents employees, never employers. No conflict on which side of the table we sit.
- California employment focus. FEHA, CFRA, PAGA, and the wage orders are daily reading, not occasional.
- South Bay filings. Westview attorneys have appeared before the Santa Clara County Superior Court and the California Civil Rights Department.
- Contingency where appropriate. Qualifying matters proceed with no up-front fee to the employee.
- Direct attorney access. The attorney handling your case is the one answering your questions.
The 7-Step Case Process
- Consultation. A confidential intake call. We review documents, the timeline, and what you want from the case.
- CRD or EEOC charge. We draft and file the administrative charge to preserve your right to sue.
- Investigation. Document preservation, witness interviews, personnel-file requests, and analysis of payroll, policy, and disciplinary records.
- Right-to-sue letter. Issued by CRD or EEOC once the administrative process concludes or you elect to proceed.
- Litigation. Filed in Santa Clara County Superior Court or the Northern District of California; written discovery, depositions, motion practice.
- Mediation. Private or court-ordered settlement discussions, often after key depositions.
- Trial. Jury trial preparation and presentation when settlement is not in your interest.
How Westview Law PC Serves San Jose Clients from Our Los Angeles Office
Westview Law PC has one office, at 1880 Century Park East, Suite 1100, Los Angeles, CA 90067. The firm does not maintain a separate location in San Jose, and we want clients to have that fact in front of them before they call. What the firm does have is a California bar license that covers every county in the state, and a regular practice in Santa Clara County matters filed at the Santa Clara County Superior Court, Downtown Superior Court (191 North First Street, San Jose, CA 95113) and in the U.S. District Court for the Northern District of California, San Jose Division (Robert F. Peckham Federal Building and U.S. Courthouse, 280 South 1st Street, San Jose, CA 95113). Initial consultations are conducted by phone or video, and in-person meetings happen at the Century City office or at a San Jose-area location when the case requires it. Call (310) 906-4862 to start a case review.
What San Jose looks like for us in practice. Silicon Valley employment law concentrates heavily on equity-compensation disputes, trade-secret crossover claims, and noncompete-style restrictions that California voids under Bus. & Prof. Code §16600. The San Jose Opportunity to Work Ordinance (Municipal Code §4.101) requires employers to offer additional hours to existing part-time workers before hiring new staff, and is unique to the city. Discrimination claims at the largest employers often involve sophisticated HR investigations with privilege questions. The Downtown Superior Court at 191 North First Street is served by VTA light rail at the Civic Center station; downtown parking is available at the Cesar Chavez Plaza and Market Street structures.
An attorney's view of the San Jose mix. In our practice out of Santa Clara County Superior Court, the most common matter is FEHA retaliation or disability discrimination at the major tech employers, often with parallel arbitration-clause questions. We also handle equity-vesting and post-termination stock-option disputes that turn on California's PAGA and Lab. Code §201 final-pay requirements. What Silicon Valley clients often misunderstand is that California courts will void a noncompete or customer-non-solicitation clause even when the contract was drafted under Delaware or New York law, because §16600 reflects a fundamental California public policy.
Where federal and state enforcement sits. Federal claims under Title VII, the ADA, and the ADEA are administered by the U.S. Equal Employment Opportunity Commission, and California state-law claims under FEHA, the Labor Code, and the Cal-WARN Act run through the California Civil Rights Department and the California Labor Commissioner, with the California Attorney General's office taking some pattern-and-practice and PAGA-related matters. Civil filings for Santa Clara County residents proceed at the Santa Clara County Superior Court, Downtown Superior Court.
Where San Jose Employment Cases Are Heard
- Santa Clara County Superior Court. Downtown Superior Court, 191 N. First Street, San Jose. FEHA civil actions for San Jose-based employment are filed here.
- California Civil Rights Department. San Jose is served by the CRD office at 1515 Clay Street, Suite 701, Oakland. CRD does not maintain a separate office in San Jose, and Bay Area charges are handled out of the Oakland regional office. Charges may also be filed online statewide.
- U.S. District Court, Northern District of California. The Robert F. Peckham Federal Building at 280 South 1st Street, San Jose, hears Title VII, ADA, ADEA, and FMLA cases. The Northern District also operates out of San Francisco and Oakland.
- Industry context. San Jose's workforce is concentrated in technology, with semiconductors and hardware companies anchoring the local economy and major software platforms employing engineering teams across the city. Healthcare anchors at Stanford Health Care, Kaiser Permanente, and county-level providers add a second large worker pool. Bioscience and life-sciences employment is growing in North San Jose. The H-1B and visa-status workforce produces recurring national-origin discrimination and retaliation claims.
Talk to a San Jose Employment Lawyer
Deadlines run while you decide. A short call with an attorney clarifies whether your facts state a claim, which agency to file with first, and what evidence to preserve right now.
Smaller Firm or DIY?
You can file a CRD charge on your own. The form is online and the agency accepts pro-per submissions. Some workers do exactly that and reach a workable result.
Where counsel pays for itself is in the parts of the case that are not the form. Document preservation letters that lock down emails before they are auto-deleted. Personnel-file requests timed correctly. Strategic decisions about whether to take the CRD investigation track or request an immediate right-to-sue. Drafting damages claims that include items most non-lawyers miss, including emotional distress, attorney's fees under §12965(c), unvested equity where it is calculable, and where applicable, punitive damages.
A smaller firm without employment specialization may take the case and route you through a generic civil process. Westview Law PC focuses on California employment law and only represents employees. That focus is the difference, not a sales pitch.
Recognition and Credentials
- California State Bar member in good standing. Verify at calbar.ca.gov.
- California Employment Lawyers Association member.
- Bar admissions: State Bar of California; U.S. District Court, Northern District of California.
San Jose Employment Law FAQ
How long do I have to file a discrimination claim in San Jose?
Under FEHA, you have three years from the last unlawful act to file a charge with the California Civil Rights Department, Gov. Code §12960(e). For Title VII claims, the EEOC deadline is 300 days in California because the state has CRD as an equivalent enforcement agency. After a right-to-sue letter issues, you have one year (CRD) or 90 days (EEOC) to file suit in Santa Clara County Superior Court or the Northern District of California. Evidence ages, witnesses leave, and document retention policies destroy records on a schedule, so the practical deadline to act is usually well before the statutory cutoff.
I am on an H-1B and my manager is making fun of my accent. Do I have a claim?
Probably yes, on more than one ground. FEHA prohibits harassment based on national origin and ancestry under Gov. Code §12940(j). Title VII does the same at 42 U.S.C. §2000e-2. Conduct rises to a hostile work environment when it is severe or pervasive enough to alter the conditions of employment, the standard from Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264. The strength of the case depends on frequency, severity, whether the manager is the harasser, and whether you complained to HR. Visa status itself is not a protected category, but discrimination based on country of origin or accent tied to country of origin is unlawful.
Can my employer fire me for raising compliance or safety concerns?
No. Lab. Code §1102.5 protects employees from retaliation after a report of suspected violations of state, federal, or local rules, including reports made internally to a supervisor. Wrongful termination in violation of public policy is a separate tort under Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167. Remedies include back pay, front pay, emotional distress damages, and attorney's fees. The statute of limitations is three years. In tech, the pattern often runs: engineer flags a security or compliance issue, manager responds with a negative review or PIP, termination follows within weeks. Temporal proximity supports a prima facie retaliation case.
What does my employer have to do when I request a disability accommodation?
FEHA Gov. Code §12940(m) and ADA Title I both require an employer to engage in an interactive process when an employee asks for an accommodation related to a disability or medical condition. The employer is not required to provide your preferred accommodation, but it is required to explore options in good faith and to provide a reasonable one if it exists. Refusal to engage in the process, automatic denials, and demands for excessive medical detail can each support a claim. Scotch v. Art Inst. of Cal. (2009) 173 Cal.App.4th 986 outlines the interactive-process duty in California.
Are stock options and RSUs part of my damages?
They can be. Unvested equity that you lost because of an unlawful termination is potentially recoverable as part of the back-pay and front-pay calculation. The recovery depends on the grant agreement, the vesting schedule, and the date of termination relative to vesting milestones. RSUs that would have vested during the back-pay period are typically included. Options are valued using accepted financial methods that account for strike price, term, and volatility. This is an area where a generalist civil firm often undercounts the recovery.
What is the difference between filing with CRD and filing in court?
For FEHA claims, you generally must file an administrative charge with the California Civil Rights Department before suing in court. CRD will either investigate or, on request, issue an immediate right-to-sue letter. Once the letter issues, you have one year to file a civil action in superior court. Filing with CRD preserves the statute of limitations and, in some cases, leads to a mediation or investigation that resolves the matter without litigation. Most employment lawyers request an immediate right-to-sue rather than wait for CRD's investigation queue, because the agency is heavily backlogged.
How does California handle sexual harassment differently from federal law?
FEHA covers employers with five or more employees for most claims, and zero for harassment, which is broader than Title VII's 15-employee threshold. California recognizes individual supervisor liability for harassment, while Title VII generally does not. Damages under FEHA are uncapped, while federal compensatory and punitive damages under Title VII are subject to statutory caps tied to employer size. Aguilar v. Avis Rent A Car (1999) 21 Cal.4th 121 sets out the employer-liability standard for hostile work environment claims under California law.
I was laid off in a tech reduction in force. Was I targeted because of my age?
It depends on the data. ADEA protects workers 40 and older, and FEHA protects against age discrimination at Gov. Code §12940(a). In a reduction in force, courts look at the demographics of the group selected for layoff compared with the group retained, the criteria used for selection, and whether the criteria were applied consistently. Statistical evidence often matters. Some tech-industry RIFs use proxies (compensation tier, tenure, role level) that correlate with age and produce disparate-impact effects. The Older Workers Benefit Protection Act also imposes specific disclosure requirements where severance is offered in exchange for a release.
Can I be fired for taking pregnancy disability leave?
No. Gov. Code §12945 protects up to four months of pregnancy disability leave, and termination because of leave or pregnancy is unlawful under FEHA. CFRA at Gov. Code §12945.2 provides additional bonding leave for parents. Federal FMLA at 29 U.S.C. §2601 provides up to 12 weeks of job-protected leave for serious health conditions, including pregnancy-related conditions. If you were terminated, demoted, or had your role materially changed during or after pregnancy leave, the timing alone often supports a prima facie claim of discrimination or retaliation.
My employer says I am an independent contractor. Is that legal?
Maybe. California uses the ABC test, codified at Lab. Code §2775, which presumes employment unless the hiring entity shows that (A) the worker is free from control, (B) the work is outside the usual course of the hiring entity's business, and (C) the worker is engaged in an independently established trade. Several gig-economy categories were carved out by Proposition 22, but the carve-out is narrow. If you are misclassified, you may have claims for unpaid overtime, missed meal and rest breaks, expense reimbursement under Lab. Code §2802, and pay-stub penalties.
What evidence should I preserve before I talk to a lawyer?
Anything documenting the conduct and your performance. Emails, text messages, Slack or Teams messages, performance reviews, written discipline, offer letters, severance proposals, and timecards. Forward copies to a personal email account where lawful and allowed by company policy. Do not take confidential documents that are not yours, including source code or proprietary technical information. Write down the timeline while it is fresh, including the names of witnesses, the dates of conversations, and the precise words used in the worst incidents.
How much does a Westview Law employment lawyer cost?
The initial case review is free. Qualifying matters proceed on a contingency basis, where the firm's fee is a percentage of the recovery and there is no out-of-pocket cost to the employee unless the case recovers. FEHA at Gov. Code §12965(c) allows the prevailing employee to recover attorney's fees from the employer, which often offsets or covers the contingency fee. We explain the fee agreement in writing before any work begins.
About the Attorney
David M. Safvati represents employees throughout California in claims under FEHA, Title VII, the ADA, the ADEA, the CFRA, and the California Labor Code. The practice covers wrongful termination, harassment, retaliation, discrimination, wage and hour disputes, and whistleblower matters. David M. Safvati has appeared before the Santa Clara County Superior Court, the California Civil Rights Department, the EEOC, and the U.S. District Court for the Northern District of California.
Education: Loyola Law School, J.D. Bar admissions: State Bar of California; U.S. District Court, Northern District of California; U.S. District Court, Eastern District of California; U.S. District Court, Central District of California.
California Bar #326605. Verify at calbar.ca.gov.



