Employment Litigation Lawyer in the Bay Area

California Employment Law: Key Rules Shaping Litigation in San Jose

California is one of the most employee-protective jurisdictions in the country. Understanding the specific statutes and doctrines that govern disputes in Santa Clara County is essential before deciding how to respond to a claim or how aggressively to pursue one.

Non-Compete Rules Under Section 16600

California Business and Professions Code Section 16600 has long rendered most non-compete agreements void. SB 699 and AB 1076, both effective January 1, 2024, sharpened those rules significantly. Non-competes are now void regardless of where the contract was signed or where the employee worked, meaning agreements signed with out-of-state employers before a California move are unenforceable here. 

AB 1076 also required employers to notify current and former employees employed after January 1, 2022, in writing that any non-compete clause in their agreements is void.

Failing to provide that notice is treated as an act of unfair competition under Business and Professions Code Section 17200. SB 699 gives employees a private right of action to seek damages, injunctive relief, and attorneys' fees when an employer attempts to enforce an unlawful restriction.

Trade Secret Protection Remains Enforceable

The prohibition on non-competes doesn't eliminate trade secret protection. Employers can still pursue misappropriation claims under the California Uniform Trade Secrets Act and the federal Defend Trade Secrets Act when confidential information, customer lists, or proprietary data are taken. Both state and federal courts have jurisdiction over these claims, and the two statutes can be pursued together.

Discrimination, Harassment & Retaliation

California's Fair Employment and Housing Act, now enforced through the Civil Rights Department, prohibits discrimination and harassment based on protected characteristics, including race, sex, age, disability, and national origin. California law extends broader protections than federal law in several areas, including lower thresholds for employer coverage and additional protected categories.

Harassment claims can arise from a hostile work environment created by supervisors, coworkers, or even non-employees in the workplace, and employers can face liability for failing to take reasonable steps to prevent and correct harassing conduct. Retaliation claims, including whistleblower retaliation under Labor Code Section 1102.5, follow a similar framework and can carry significant exposure.

Wage & Commission Disputes

Commission disputes frequently turn on whether a written commission plan satisfies Labor Code Section 2751 requirements and whether commissions were "earned" under the plan's terms before the employment relationship ended. Because commissions are treated as wages under California law, the remedies available to a prevailing employee, including waiting-time penalties of up to 30 days' pay, can exceed the disputed commission amount itself.

Wrongful Termination Exposure

California is an at-will employment state, but wrongful termination claims arise frequently when a termination follows protected activity, violates an implied contract, or runs contrary to public policy. Retaliation for complaints about safety, discrimination, or wage violations is among the most common bases for these claims in workplaces.

Litigation Strength Across Every Front

Clients facing high-stakes business or real estate disputes turn to Strategy Law's litigation attorneys for practical strategy backed by real courtroom experience. 

Steven Kahn brings 20 years of litigation experience to real estate disputes—covering title, boundaries, easements, and contracts—as well as business litigation matters, having practiced in-house and at firms of all sizes throughout the Bay Area. Phillip Wang handles commercial litigation, bankruptcy and creditors' rights, and real estate disputes, with particular experience representing lenders, companies, and international Chinese businesses in complex federal and state court matters. Kevin Martin has over 27 years of experience spanning business litigation, real estate, intellectual property, and employment disputes, known for his practical, business-focused approach and extensive trial and motion practice across California. 

Together, this team offers clients broad-reaching litigation experience across real estate, commercial, bankruptcy, and IP matters.

How Strategy Law, LLP Approaches Employment Litigation

California employment disputes often involve technology companies and startups where equity compensation, intellectual property, and workplace relationships intersect. That context matters when assessing a dispute. Because our litigation practice sits within a full-service business law firm that also handles M&A, entity formation, contracts, and employment law, we evaluate employment claims alongside the business issues that surround them.

Early assessment shapes the available options. Whether negotiated resolution, arbitration, or litigation in Santa Clara County Superior Court or federal court is the right path depends on the facts, the deadlines in play, and the client's broader objectives. We represent companies and startups throughout the greater Bay Area before state and federal courts and before administrative agencies, including the Civil Rights Department, the Division of Labor Standards Enforcement, and the Equal Employment Opportunity Commission.