Wrongful Termination Lawyer in Santa Clara

If you experienced wrongful termination at a Santa Clara workplace, you have strong protections under California law. We represent employees only, never employers, and offer a free, confidential consultation. 1-800-371-3088.

What Is Wrongful Termination in Santa Clara

California is an at-will state, but the at-will rule has many exceptions. The leading case is Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, which established the public-policy tort: an employee fired for refusing to commit an illegal act, for asserting a statutory right, or for reporting illegal conduct can sue in tort. Other Santa Clara wrongful-termination grounds include FEHA (Cal. Government Code section 12940), Labor Code section 1102.5 (whistleblower retaliation), Labor Code section 6310 (Cal/OSHA retaliation), Labor Code section 232 (wage-discussion retaliation), and Labor Code section 132a (workers' compensation retaliation).

Santa Clara Industries Where Wrongful Termination Claims Are Most Common

• Silicon Valley semiconductor and AI tech workers - at Intel Corporation (NASDAQ: INTC - 2200 Mission College Boulevard, Santa Clara, CA 95054, founded 1968 by Gordon Moore and Robert Noyce, the original Silicon Valley semiconductor pioneer), Nvidia Corporation (NASDAQ: NVDA - 2788 San Tomas Expressway, the world's leading AI and GPU company), Applied Materials (NASDAQ: AMAT - 3050 Bowers Avenue, leading supplier of semiconductor wafer fabrication equipment), Oracle (NYSE: ORCL), Texas Instruments (NASDAQ: TXN), Roku (NASDAQ: ROKU), Marvell Technology (NASDAQ: MRVL), and significant offices for Apple and Yahoo. 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 Santa Clara after January 1, 2026 under AB 692 (California Labor Code section 926). Non-competes are void under California Business and Professions Code section 16600. The federal Defend Trade Secrets Act (DTSA, 18 U.S.C. section 1836) and California Uniform Trade Secrets Act (CUTSA, Cal. Civil Code section 3426) govern misappropriation claims commonly raised against departing semiconductor employees.
• Levi's Stadium sports, hospitality, and event workers - at Levi's Stadium (4900 Marie P. DeBartolo Way, Santa Clara, CA 95054 - home of the San Francisco 49ers, a 68,500-seat venue / expandable to 75,000, $1.2 billion construction completed 2014, host to Super Bowl 50 and the 2026 FIFA World Cup). Levi's Stadium is owned by the Santa Clara Stadium Authority (a joint-powers authority of the City of Santa Clara and the 49ers Stadium Management Company / SCSMC - subject to the 6-month Government Claims Act deadline). Food-service workers at Levi's Stadium are typically employees of Levy Restaurants (a Compass Group subsidiary). Stadium event-staff workers are typically W-2 employees of staffing agencies (with client-employer liability under Cal. Labor Code section 2810.3). Sexual harassment by stadium patrons is covered by FEHA Cal. Gov. Code section 12940(j) (third-party harassment).
• Higher education and K-12 workers - at Santa Clara University / SCU (500 El Camino Real, Santa Clara, CA 95053 - a private Jesuit university founded in 1851, the oldest institution of higher learning in California, with thousands of faculty, staff, and student employees), Mission College (3000 Mission College Boulevard, part of the West Valley-Mission Community College District), and the Santa Clara Unified School District. SCU faculty and staff are private employees covered by FEHA, Title VII, ADA, and federal NLRA collective-bargaining rights. Public-school and public-college workers have pre-deprivation due-process rights under Skelly v. State Personnel Board (1975) 15 Cal.3d 194, California Whistleblower Protection Act (Cal. Gov. Code section 8547), and the 6-month Government Claims Act deadline.
• Healthcare workers - at the Kaiser Permanente Santa Clara Medical Center (700 Lawrence Expressway) and other healthcare facilities. 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.
• Hospitality, convention, and theme-park workers - at the Santa Clara Convention Center (5001 Great America Parkway, adjacent to the Hyatt Regency Santa Clara), California's Great America theme park (4701 Great America Parkway), and numerous hotels serving Levi's Stadium and the Silicon Valley tech sector. Hospitality workers are covered by the Santa Clara Minimum Wage Ordinance ($18.70/hour effective January 1, 2026). 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 Santa Clara minimum wage plus tips (Cal. Labor Code section 351 prohibits tip pooling abuses).
• Retail and consumer-services workers - at the Westfield Valley Fair super-regional shopping center (1,800,000+ sq ft - shared with San Jose on the eastern Santa Clara border) and chain retailers along El Camino Real and Stevens Creek Boulevard. Santa Clara workers covered by the Santa Clara Minimum Wage Ordinance earn $18.70/hour effective January 1, 2026 (was $18.20/hour in 2025). Fast-food workers at chains with 60+ national locations earn the $20.00/hour AB 1228 floor (Cal. Labor Code section 1474).
• Government and public-sector workers - at the City of Santa Clara (1500 Warburton Avenue - charter city, charter limits mayor and council to two terms), Silicon Valley Power (one of the few municipal electric utilities in California, operated by the City of Santa Clara - utility workers may have additional Energy Reorganization Act protection 42 U.S.C. section 5851), the Santa Clara Stadium Authority, and the Santa Clara Police Department (SCPD officers covered by POBR / Cal. Gov. Code section 3300 et seq.). Subject to the 6-month Government Claims Act deadline.

Santa Clara Mass-Layoff Notice Rights

If you were part of a Santa Clara mass layoff, the California WARN Act (California Labor Code sections 1400 through 1408) requires covered employers with 75 or more workers to give 60 days' advance written notice of a mass layoff of 50 or more employees in any 30-day period, a plant closing, or a relocation. Federal WARN (29 U.S.C. sections 2101-2109) applies to employers with 100+ employees. Damages: up to 60 days of back pay and benefits, plus an additional civil penalty of up to $500 per day under federal WARN if notice is not given to the local government. SB 617 (effective January 1, 2026) expanded the required notice content.

California Law

For the full California framework, including Tameny, Labor Code section 1102.5, FEHA, Cal-WARN, and public-employee due-process rights, see our California employment law page.

What Compensation Can You Recover

Back pay, front pay (or reinstatement where appropriate), emotional-distress damages, punitive damages (unlimited under FEHA and under the Tameny tort), 60-day Cal-WARN back-pay damages where applicable, and attorneys' fees and costs (Cal. Government Code section 12965(c); Labor Code section 1102.5(j)). For details, see our California employment law page.

How to File a Wrongful Termination Claim in Santa Clara

FEHA charges go to the California Civil Rights Department (CRD), Oakland Office, 1515 Clay Street, Suite 701, Oakland, CA 94612. Federal charges go to the EEOC San Jose Local Office (Santa Clara County jurisdiction), 96 N. Third Street, Suite 250, San Jose, CA 95112. Whistleblower and wage 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). 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 1-800-371-3088 before any deadline.