California Employment Law Attorneys
Representing businesses and employees throughout Silicon Valley & the Bay Area.
We Fight for Employee Rights.
If your employer violated your rights, you may be entitled to compensation. We represent employees throughout Silicon Valley: you pay no attorney fees unless we recover for you. Case costs are addressed separately in our written fee agreement, and we will walk you through exactly how they work before you sign anything.
Employee FAQs
Yes. McLellan Law Group is based in Saratoga, CA and represents employees and employers throughout Silicon Valley, Santa Clara County, and the Bay Area.
We handle wrongful termination, workplace discrimination, sexual harassment, retaliation, wage and hour violations, PAGA claims, and other employment disputes under California and federal law.
We offer a free initial consultation. Many employee-side cases are handled on a contingency fee basis, meaning you pay nothing unless we recover for you.
Document everything, your termination notice, communications, and the circumstances surrounding the decision. California law protects employees from wrongful termination. If you believe the firing was unlawful, consult an employment attorney promptly to preserve your rights and evaluate your options.
Do not sign without legal review. Severance agreements typically waive your right to sue, including claims you may not yet be aware of. California law imposes strict requirements around timing and language, especially for employees 40 or older. McLellan Law Group reviews severance agreements for employees and executives throughout Silicon Valley.
Document incidents with dates, witnesses, and any written communications. Report the conduct through your employer's internal complaint process if safe to do so. California's FEHA prohibits discrimination based on race, gender, age, disability, religion, sexual orientation, and other protected characteristics. Contact an employment attorney to evaluate your case.
We Defend California Employers.
California has some of the strictest employment laws in the country. We help businesses of all sizes across Silicon Valley resolve claims fast and reduce future exposure.
Received a PAGA notice? Time is critical, the 65-day response window starts immediately. Under the 2024 PAGA reforms, employers who take early corrective action can significantly reduce penalties. Call us before you respond.
Employer FAQs
Contact a California employment attorney immediately. PAGA notices trigger a 65-day window during which the LWDA can decide whether to investigate. Under the 2024 PAGA reforms, employers who take early corrective action can significantly reduce penalties. Do not ignore the notice and do not retaliate against the employee who filed it. McLellan Law Group LLP represents California employers in PAGA defense throughout Silicon Valley and the Bay Area.
Yes, and this is one of the biggest misconceptions California employers have. At-will employment is a starting point, not a shield. You cannot terminate someone for a reason that violates public policy, is based on a protected characteristic under FEHA, constitutes retaliation for protected activity, or breaches an implied contract created by your handbook or offer letter. Every termination should be documented and reviewed for risk before you act.
A class action requires court certification, which is a significant hurdle and can end the case if certification is denied. A PAGA claim does not. The employee acts on behalf of the State of California, and no certification is required. PAGA penalties are calculated per employee, per pay period. Under the 2024 reforms, 65 percent of civil penalties go to the Labor and Workforce Development Agency and 35 percent is distributed to the aggrieved employees, up from 25 percent before the reforms. PAGA claims also cannot be fully compelled into arbitration, which makes early strategy critical.
You are not legally required to, but getting it wrong is costly. For employees 40 or older, federal law requires specific timing and language. California requires a Civil Code §1542 waiver to release unknown claims. Recent state law changes restrict certain non-disparagement clauses. McLellan Law Group LLP drafts and reviews severance agreements for California employers and advises employees and executives before they sign.
Notable Results
Pregnancy Discrimination Severance Increase
Increased a laid-off employee's severance by more than 80 percent over a household-name technology company's standard plan formula after she was terminated while on approved pregnancy disability leave, resolving her pregnancy discrimination and leave retaliation claims before litigation.
Pre-Litigation Severance Doubled
Nearly doubled the severance offered to an employee of a nationally recognized technology company in a pregnancy discrimination matter, resolving her claims through pre-litigation negotiation before any lawsuit or agency complaint was filed.
Retaliation Severance Settlement
Obtained a pre-litigation settlement of more than three times the employer's original severance offer for a longtime manager who was laid off shortly after reporting workplace mistreatment of his team.
Faculty Discrimination Settlement
Secured a settlement for a faculty member whose contract was not renewed after she reported race and national origin bias in faculty hiring, after the institution had refused to offer her any severance.
Disability Accommodation Settlement
Resolved disability discrimination and failure-to-accommodate claims for a laid-off employee of an automotive manufacturer after filing with the California Civil Rights Department and before any lawsuit, securing nearly double the company's original severance offer.
These results are provided for informational purposes only. Prior results do not guarantee a similar outcome, and every matter turns on its own facts and law. Representative matters include some results obtained in prior practice.
What Our Clients Say
Results depend on the specific facts and law of each matter. Prior results do not guarantee or predict a similar outcome in any other case.