Tech Industry Employment Lawyer
Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated October 2026.
Technology companies describe themselves as meritocracies, but the employees who work in them face the same discrimination, harassment and retaliation as employees anywhere else, and sometimes more. Repeated rounds of layoffs, performance systems built on subjective ratings, and workplaces where a founder or senior leader is treated as untouchable give employers many ways to explain a termination that had another cause. And because so much of a tech employee’s compensation comes from equity and bonuses, a termination can cost an employee far more than salary.
Rise Law Firm represents employees of technology companies throughout California, from large public companies to venture-backed startups, in Los Angeles and Silicon Beach, San Francisco and Silicon Valley, and across the state. We represent employees at every level, from individual contributors to chief executives, and we are particularly well known for handling high-profile cases. We represent employees only.
Who we represent and common claims
We represent tech employees in roles including:
- Software engineers, data scientists, designers and IT staff.
- Product, program and project managers.
- Sales, account management and customer success employees paid on commission.
- Marketing, operations, finance, legal and people teams.
- Founders, officers and senior executives at startups and established companies.
This list is not exhaustive.
Common claims in the industry include:
- Wrongful layoffs, where a reduction in force was used to remove an employee who complained, took leave or was older than the employees who were kept.
- Age discrimination, including hiring and layoff decisions framed around “culture fit,” “energy” or being a “digital native.”
- Pregnancy discrimination and termination during or after pregnancy disability leave or parental leave.
- Unequal pay based on gender or race, including differences in equity grants and leveling.
- Sexual harassment and other harassment, including by founders, executives and investors.
- Whistleblower retaliation for reporting fraud, misleading investors or customers, data privacy and security violations, or product safety problems.
- Disability discrimination and failure to accommodate, including remote work requested as an accommodation.
- Executive wrongful termination, often involving forfeited equity, bonuses and acceleration rights.
These are common examples, and other claims may also apply.
Issues particular to the tech industry
Equity and bonuses
Stock options, restricted stock units (RSUs) and performance bonuses often make up a large share of a tech employee’s pay, and most of it is lost if employment ends before a vesting or payout date. If the termination was unlawful, the equity and bonuses the employee would have received can be part of the damages, valued according to the grant terms and the company’s stock price or valuation. Commission plans must be in writing and must explain how commissions are calculated and paid (Lab. Code § 2751).
Layoffs and “performance” terminations
Tech companies conduct frequent reductions in force, and many also use stack ranking or calibration systems that rate employees against one another. Both can be legitimate. Both can also be used to remove an employee for an unlawful reason. Signs of a problem include being the only person cut from a team, having duties given to someone else, a sudden drop in ratings after a complaint or leave, and layoffs that fall disproportionately on older employees. California law provides that selecting employees for termination based on salary may be age discrimination if it adversely affects older workers as a group (Gov. Code § 12941). Read more on our wrongful layoff page.
Reporting fraud, privacy and safety problems
Tech employees are often the first to see misleading statements to investors or customers, accounting irregularities, misuse of user data, security failures or unsafe products. California law protects an employee who reports what they reasonably believe is a violation of law to a supervisor, someone with authority to investigate or correct it, or a government agency, and who refuses to participate in unlawful activity (Lab. Code § 1102.5). Employees of public companies who report securities or shareholder fraud are also protected by the federal Sarbanes-Oxley Act, which has a short deadline: a complaint must be filed with the U.S. Department of Labor within 180 days (18 U.S.C. § 1514A).
Employees on work visas
Employees on H-1B and other work visas have the same protections against discrimination, harassment and retaliation as other employees, and discrimination based on national origin or citizenship is unlawful. Losing a job can put a visa holder’s status at risk, which makes the timing and handling of a claim especially important. An employer may not threaten to report or use an employee’s immigration status in retaliation for asserting workplace rights (Lab. Code § 1019).
Arbitration agreements
Most tech companies require employees to sign arbitration agreements. An employee with a sexual harassment or sexual assault claim may choose to bring it in court regardless of an arbitration agreement (9 U.S.C. §§ 401–402). Beginning January 1, 2027, California law applies the same rule to arbitration agreements governed by the California Arbitration Act (Code Civ. Proc. § 1281). Under California law, harassment because of sex includes harassment based on pregnancy, childbirth and related medical conditions (Gov. Code §§ 12926(r), 12940(j)), so an employee who was harassed because of pregnancy may also be able to bring that claim in court. Other claims may fall outside an agreement depending on its terms.
Remote employees
Employees who work remotely in California for a company based elsewhere are generally protected by California employment law, including FEHA and the Labor Code, for the work they perform here.
Deadlines
The main deadlines are below. They can be shorter or longer depending on the facts, so it is best not to wait.
| Claim | Deadline |
|---|---|
| FEHA discrimination, harassment, retaliation | File a complaint with the California Civil Rights Department within 3 years; then file suit within 1 year of the right-to-sue notice |
| Federal Title VII and ADEA | File with the EEOC within 300 days (the deadline for California employees) |
| Sarbanes-Oxley whistleblower retaliation (public companies) | File with the U.S. Department of Labor (OSHA) within 180 days |
| Whistleblower retaliation (Lab. Code § 1102.5) | Generally 3 years |
| Wrongful termination in violation of public policy | 2 years |
| Breach of a written contract, such as an equity or bonus agreement | 4 years |
Frequently asked questions
I was included in a layoff a few weeks after I complained about my manager. Is that legal?
It may not be. A genuine layoff is lawful, but an employer may not select an employee because of a complaint, protected leave or a protected characteristic. Close timing between a complaint and a layoff is strong evidence of retaliation, particularly if your record was good before and your employer provides inconsistent or questionable reasons for your selection.
I work remotely in California for a company headquartered in another state. Does California law protect me?
Generally yes, for the work you perform in California. Your employer’s location does not by itself take away the protections of FEHA and the California Labor Code.
I am on an H-1B visa. Can I bring a claim without putting my status at risk?
Employees on work visas have the same rights to be free from discrimination and retaliation as other employees, and employers may not use immigration status to retaliate. Because losing a job affects visa status, it is important to get advice quickly about both your employment claims and your immigration options.
Talk to a tech industry employment lawyer
Rise Law Firm represents employees throughout California in wrongful termination, discrimination, harassment and retaliation cases, from chief executives to minimum-wage workers. We have secured millions of dollars for our clients, including recoveries against major companies, government entities, and celebrities, and we are particularly well known for handling high-profile cases. We work on a contingency basis, which means there are no fees or costs unless we recover compensation for you.
If you work or worked in tech and were wrongfully fired, laid off or retaliated against, contact us to request a free, confidential consultation, or call (310) 728-6588. You can also read our article on what a wrongful termination case may be worth.
This page provides general information about California and federal law and is not legal advice. Reading it does not create an attorney-client relationship.