Common Tech Worker Disputes

California has the strongest worker protections in the nation - especially for tech.

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Stock Option Disputes

Terminated before vesting? Shortened exercise window? Fight for your equity. 90-day post-termination windows may be challengeable.

✅ High Value Claims
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Severance Negotiations

Average tech severance: 2-4 weeks per year of service. Leverage potential claims for better packages. Review releases carefully.

✅ Negotiable
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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.

✅ CA Bans Non-Competes

Exempt Misclassification

Not all "salaried" roles are truly exempt. Many tech workers qualify for overtime. Duties test matters more than job title.

✅ Overtime Recovery
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Unpaid Overtime

"Exempt" workers who shouldn't be exempt can recover years of unpaid overtime. Computer professional exemption has strict requirements.

✅ 3-4 Year Recovery
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Whistleblower Retaliation

Fired for reporting ethics violations, safety issues, or legal concerns? Strong protections under Labor Code 1102.5 and SOX.

✅ Strong Protections
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Layoff/WARN Act Issues

Tech layoffs 2023-2024 triggered many WARN Act violations. 60 days notice or 60 days pay required for mass layoffs.

✅ 60-Day Damages
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Equity Clawbacks

Company trying to claw back vested equity? Review your agreements. Many clawback provisions are unenforceable in California.

✅ Often Unenforceable
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IP Ownership Disputes

Labor Code 2870 protects inventions on personal time. Side projects, open source contributions, and prior work belong to you.

✅ Employee Protections
🏠

Remote Work Expenses

CA Labor Code 2802 requires reimbursement for internet, phone, equipment, and home office costs when working remotely.

✅ Mandatory Reimbursement
🍴

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.

✅ Premium Pay
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Contractor Disputes

Disputes with clients over payment, scope creep, or IP rights. Business-to-business demand letters for freelance tech professionals.

✅ Contract Enforcement

⚖ 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 16600

Expense Reimbursement

Employers MUST reimburse all necessary business expenses: internet, cell phone, home office equipment, software for remote work.

CA Labor Code 2802

Cal-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 1400-1408

Employee 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 2870

Computer 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 515.5

Whistleblower 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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