Common Tech Worker Disputes
California has the strongest worker protections in the nation - especially for tech.
Stock Option Disputes
Terminated before vesting? Shortened exercise window? Fight for your equity. 90-day post-termination windows may be challengeable.
Severance Negotiations
Average tech severance: 2-4 weeks per year of service. Leverage potential claims for better packages. Review releases carefully.
Non-Compete/Non-Solicit
California bans non-competes under B&P 16600. Even out-of-state agreements are void. Non-solicits are mostly unenforceable too.
Exempt Misclassification
Not all "salaried" roles are truly exempt. Many tech workers qualify for overtime. Duties test matters more than job title.
Unpaid Overtime
"Exempt" workers who shouldn't be exempt can recover years of unpaid overtime. Computer professional exemption has strict requirements.
Whistleblower Retaliation
Fired for reporting ethics violations, safety issues, or legal concerns? Strong protections under Labor Code 1102.5 and SOX.
Layoff/WARN Act Issues
Tech layoffs 2023-2024 triggered many WARN Act violations. 60 days notice or 60 days pay required for mass layoffs.
Equity Clawbacks
Company trying to claw back vested equity? Review your agreements. Many clawback provisions are unenforceable in California.
IP Ownership Disputes
Labor Code 2870 protects inventions on personal time. Side projects, open source contributions, and prior work belong to you.
Remote Work Expenses
CA Labor Code 2802 requires reimbursement for internet, phone, equipment, and home office costs when working remotely.
Meal/Rest Break Violations
Yes, even tech workers get breaks. 30-min meal break by hour 5, 10-min rest per 4 hours. One hour premium per violation.
Contractor Disputes
Disputes with clients over payment, scope creep, or IP rights. Business-to-business demand letters for freelance tech professionals.
⚖ Key California Laws for Tech Workers
Non-Compete Ban
Non-compete agreements are VOID in California. Even agreements signed in other states cannot be enforced against CA employees. SB 699 (2024) requires employers to notify employees.
CA Business & Professions Code 16600Expense Reimbursement
Employers MUST reimburse all necessary business expenses: internet, cell phone, home office equipment, software for remote work.
CA Labor Code 2802Cal-WARN Act
60 days advance notice required for mass layoffs affecting 50+ employees. Covers employers with 75+ employees. Violation = 60 days pay + benefits.
CA Labor Code 1400-1408Employee Inventions
Inventions developed entirely on your own time, with your own equipment, unrelated to employer's business, BELONG TO YOU - not your employer.
CA Labor Code 2870Computer Professional Exemption
To be exempt from overtime, must earn $53.80+/hr (2024) AND perform specified duties. Many "exempt" tech workers actually qualify for overtime.
CA Labor Code 515.5Whistleblower Protection
Cannot be fired for reporting violations of law, refusing to participate in illegal activity, or reporting unsafe working conditions.
CA Labor Code 1102.5📊 Tech Worker Rights Quick Reference
Final Pay Timeline
Fired: Immediate payment required
Quit: Within 72 hours (or immediate with 72hr notice)
Penalty: 1 day's pay per day late, up to 30 days
Overtime Eligibility
Computer Professional Min: $53.80/hr (2024)
Duties Test: Must involve intellectual/creative work
Recovery Period: 3-4 years of unpaid OT
Stock Options (Post-Termination)
Standard Window: 90 days to exercise
Original Term: Often 10 years
Watch For: Acceleration clauses in agreements
WARN Act Requirements
Notice Required: 60 days advance
Triggers: 50+ employees laid off at single site
Damages: 60 days pay + benefits
Ready to Assert Your Rights?
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