Workplace Retaliation Lawyer in San Jose

You said something. You filed something. You took leave. You raised a concern. Then the temperature changed. Hours got cut, a write-up appeared, you were moved to a worse shift, or you were let go.

If the action came within 90 days of your protected activity, SB 497 flips the burden - the employer has to prove a legitimate reason, not the other way around.

Visit our San Jose office at 181 Devine St Suite 4, San Jose, CA 95110 or call (408) 834-4320 for a free, confidential consultation.

What Is Workplace Retaliation in San Jose

Retaliation against employees who exercise legal rights is independently illegal under California law, separate from the underlying complaint. Common statutory bases for San Jose workers include Labor Code section 1102.5 (whistleblower retaliation; up to $10,000 per violation civil penalty under section 1102.5(f)), Labor Code section 98.6 (retaliation for filing a wage complaint), Labor Code section 6310 (Cal/OSHA retaliation; 6-month deadline to file with Cal/OSHA), Labor Code section 232 (retaliation for discussing wages with coworkers), Labor Code section 132a (workers' compensation retaliation), Cal. Government Code section 12940(h) (FEHA-protected-activity retaliation), Cal. Government Code section 8547 (California Whistleblower Protection Act for state employees), and Health and Safety Code section 1278.5 (hospital-worker patient-safety retaliation; $25,000-per-violation civil penalty).

San Jose Industries Where Retaliation Claims Are Most Common

• Silicon Valley public-company tech workers - at the major Silicon Valley public technology companies headquartered in San Jose: Cisco Systems (NASDAQ: CSCO - 170 West Tasman Drive, leading global networking equipment company), Adobe (NASDAQ: ADBE - 345 Park Avenue, leading software company), eBay (NASDAQ: EBAY - 2025 Hamilton Avenue), PayPal (NASDAQ: PYPL), Western Digital (NASDAQ: WDC - 5601 Great Oaks Parkway, leading data-storage technology company with 10,001+ employees), HP Inc. (NYSE: HPQ), Verifone, Calyx Software, and Sage Intacct. Tech workers are covered by all standard California FEHA, Labor Code, and federal Title VII / ADA / ADEA / FMLA protections. Public-company employees are also protected by Sarbanes-Oxley (18 U.S.C. section 1514A) for accounting/securities fraud whistleblower claims and Dodd-Frank section 922 (15 U.S.C. section 78u-6) for securities-law whistleblower claims. Stay-or-pay agreements (training repayment, sign-on bonus clawback, relocation-cost clawback) are void for work performed in San Jose after January 1, 2026 under AB 692 (California Labor Code section 926). Non-competes are void under California Business and Professions Code section 16600 (with AB 1076 and SB 699 making this rule extraterritorial as of January 1, 2024).
• Healthcare workers - at the Santa Clara Valley Medical Center / SCVMC (751 South Bascom Avenue, San Jose, CA 95128, (408) 885-5000 - 731-bed (574 acute) county-owned public tertiary teaching hospital affiliated with the Stanford University Medical School; the principal safety-net hospital in Santa Clara County), Kaiser Permanente San Jose Medical Center, Good Samaritan Hospital, Regional Medical Center of San Jose, and O'Connor Hospital. Covered by SB 525 healthcare worker minimum-wage schedule (Cal. Labor Code sections 1182.14, 1182.15, 1182.16), California Health and Safety Code section 1278.5 ($25,000-per-violation civil penalty for patient-safety retaliation), and California Nurses Association (CNA) / SEIU-UHW collective bargaining agreements (which do not waive statutory FEHA or California Labor Code rights). SCVMC employees, as county employees, are subject to the 6-month Government Claims Act deadline.
• Higher education and K-12 workers - at San Jose State University / SJSU (1 Washington Square, San Jose, CA 95192 - founding campus of the California State University system; state-of-California employees subject to civil-service rules and CFA collective bargaining), the San Jose-Evergreen Community College District (San Jose City College and Evergreen Valley College), and multiple K-12 districts including the San Jose Unified School District, East Side Union High School District (830 North Capitol Avenue, (408) 347-5000 - one of the largest high school districts in Northern California), Berryessa Union School District, Alum Rock Union School District, and Oak Grove School District. Protected by Skelly v. State Personnel Board (1975) 15 Cal.3d 194 due-process rights, California Whistleblower Protection Act (Cal. Gov. Code section 8547), and the 6-month Government Claims Act deadline (Cal. Gov. Code section 911.2).
• Public-sector and government workers - at the City of San Jose (200 East Santa Clara Street), the County of Santa Clara (San Jose is the county seat), the San Jose Police Department (SJPD), the Santa Clara County Sheriff's Office, the Mineta San Jose International Airport (SJC - owned and operated by the City of San Jose), and the Valley Transportation Authority (VTA). Peace officers are covered by the Public Safety Officers Procedural Bill of Rights (POBR, Cal. Gov. Code section 3300 et seq.). Subject to the 6-month Government Claims Act deadline.
• Retail and consumer-services workers - at Westfield Valley Fair (a super-regional shopping center on the San Jose/Santa Clara border, 1,800,000+ sq ft), Santana Row (Federal Realty's mixed-use district), Westgate Mall, The Plant San Jose, and chain retailers throughout the city. San Jose workers covered by the San Jose Minimum Wage Ordinance earn $18.45/hour effective January 1, 2026 (was $17.95/hour for 2025). The San Jose Opportunity to Work Ordinance (effective March 13, 2017) requires employers with 36 or more employees to offer additional work hours to existing qualified part-time workers before hiring new employees - stronger than California state law. Fast-food workers at chains with 60+ national locations earn the $20.00/hour AB 1228 floor (Cal. Labor Code section 1474).
• Hospitality and convention workers - at hotels around the San Jose Convention Center (150 West San Carlos Street) including the San Jose Marriott, Hilton San Jose, Westin San Jose, and dozens of smaller hotels and motels. Hospitality workers are covered by the San Jose Minimum Wage Ordinance and the Opportunity to Work Ordinance. Sexual harassment by hotel guests is covered by FEHA Cal. Gov. Code section 12940(j) (third-party harassment). Tipped restaurant and bar workers earn full San Jose minimum wage of $18.45/hour plus tips (Cal. Labor Code section 351 prohibits tip pooling abuses).
• Manufacturing and biotech workers - at Jabil Circuit, numerous semiconductor and electronics manufacturers throughout San Jose, and biotech operations. Manufacturing workers are covered by Cal/OSHA standards (Cal. Code Regs., tit. 8) and California Labor Code section 6310 (retaliation for safety reporting). Federal contractor workers have additional NDAA section 4712 whistleblower protection (41 U.S.C. section 4712). Public-company manufacturing employees also have Sarbanes-Oxley (18 U.S.C. section 1514A) and Dodd-Frank (15 U.S.C. section 78u-6) protection.

SB 497 Rebuttable Presumption

SB 497 (effective January 1, 2024) amended Labor Code sections 98.6, 1102.5, and 1197.5 to create a rebuttable presumption of retaliation when an employer takes adverse action within 90 days of a protected complaint. The burden shifts to the employer to prove a non-retaliatory reason for the adverse action - a major change that strengthens San Jose retaliation claims. AB 692 (effective January 1, 2026) added Labor Code section 926, which voids most "stay-or-pay" contract terms.

California Law

For the full California retaliation framework, including Labor Code sections 1102.5, 98.6, 6310, 232, and 132a, the California Whistleblower Protection Act (Cal. Government Code section 8547), and FEHA retaliation (Cal. Government Code section 12940(h)), see our California employment law page.

What Compensation Can You Recover

Back pay, front pay, emotional-distress damages, punitive damages (where allowed by statute), civil penalties (up to $10,000 per violation under Labor Code section 1102.5(f); up to $25,000 per violation under Health and Safety Code section 1278.5), and attorneys' fees and costs (Labor Code section 1102.5(j)). For details, see our California employment law page.

How to File a Retaliation Claim in San Jose

Whistleblower and wage-retaliation claims can be filed with the California Labor Commissioner (DLSE San Jose Office, 224 Airport Parkway, Suite 300, San Jose, CA 95110, (408) 277-1266). Cal/OSHA retaliation claims under Labor Code section 6310 have a 6-month deadline; statewide complaint line (833) 579-0927. FEHA retaliation claims go to the California Civil Rights Department (CRD), Oakland Office, 1515 Clay Street, Suite 701, Oakland, CA 94612. Civil suits are heard at the Santa Clara County Superior Court, Hall of Justice, 190-200 West Hedding Street, San Jose, CA 95110. Call us at (408) 834-4320 before any deadline.