San Jose Employment Lawyer

Representing San Jose workers in tech, manufacturing, health care, retail and hospitality who were fired, harassed or underpaid. Your free case review takes place by phone or video, directly with an attorney.

  • Free, confidential consultation
  • Employee-only advocacy
  • No fee unless we win
  • Hablamos Español

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$20.6M+Recovered for fired employees
$5.4M+Recovered for sexual harassment survivors
500+Employment cases handled
Federal jury winVerdict against Costco Wholesale

Setyan Law APC - Wrongful Termination & Sexual Harassment Lawyer

San Jose Office

Setyan Law APC - Wrongful Termination & Sexual Harassment Lawyer
84 W Santa Clara St, Ste 700
San Jose, CA 95113
213-618-3655
Hours: Monday–Friday, 8:00 AM – 5:00 PM

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Where we help in San Jose

Setyan Law represents employees who live or work anywhere in San Jose, from Downtown and Willow Glen to Almaden Valley, Evergreen, Berryessa and North San Jose, including ZIP codes such as 95110, 95112, 95125 and 95132.

It doesn't matter whether you work on a tech campus, in a hospital or on a sales floor. If your employer is in San Jose, we can review your case.

Meet us in Downtown San Jose

Our San Jose office is at 84 W Santa Clara St, Suite 700, a short walk from the Downtown Superior Court and First Street. You can come in, or keep it entirely by phone, video and email if that's easier. Either way, Sam Setyan reviews your case himself and handles it in the court where it is filed.

Call 213-618-3655

Also serving nearby: Fremont · Oakland · San Francisco · Santa Clara · Sunnyvale · Milpitas · Campbell · Cupertino

Workplace rights for San Jose employees

San Jose had an estimated 989,814 residents in July 2025, according to the U.S. Census Bureau. The Census Bureau also reported that about 67.6% of residents age 16 and over are in the civilian labor force (2020-2024 estimate), and that the average commute is 27.3 minutes. The city's largest employers include the County of Santa Clara, the City of San Jose, Cisco Systems, Adobe, San Jose State University, Kaiser Permanente and San Jose Unified School District.

San Jose's main industries and the claims they lead to

Tech. Cisco, Adobe, eBay, PayPal, Broadcom, TikTok and IBM rank among San Jose's top employers, according to Zippia. When tech workers report harassment or discrimination, the retaliation often arrives as a sudden "performance" problem or a convenient layoff. We also see unvested equity and bonuses lost at firing, contractors who should have been classified as employees, H-1B workers pressured to stay quiet because their visa depends on the job, and NDAs pushed on employees right after a sexual harassment complaint.

Hardware and manufacturing. Super Micro Computer and Western Digital are each among the city's largest employers. Production and warehouse staff commonly bring claims over unpaid overtime, missed breaks on long shifts, disability accommodation, and being let go after a workplace injury.

Health care. Health care and social assistance providers in San Jose reported about $7.24 billion in receipts to the U.S. Census Bureau in 2022, and Kaiser Permanente employs nearly 4,000 people in the city. Nurses and hospital staff raise missed breaks on 12-hour shifts, pregnancy and disability accommodation, harassment by supervisors or patients, and retaliation for reporting patient-safety problems.

Retail and hospitality. San Jose retailers recorded about $22.08 billion in sales in 2022, and accommodation and food service businesses about $3.38 billion, according to the U.S. Census Bureau. Workers here face off-the-clock work, missed meal and rest periods, tip disputes, and sexual harassment by managers or customers.

Working for a public employer in San Jose

Public agencies are San Jose's biggest employers. The County of Santa Clara employs more than 25,000 people and the City of San Jose employs around 8,200, followed by San Jose State University and San Jose Unified School District. The Santa Clara Valley Transportation Authority (VTA) is also based here.

Some claims against state and local public employers require a government claim before a lawsuit, some with deadlines as short as six months. Harassment and discrimination claims usually go through the CRD process instead. Because the rules depend on the claim, contact us early if you work for a public agency.

Where San Jose employment claims are filed

Discrimination, harassment and retaliation claims usually begin with a complaint to the California Civil Rights Department (CRD). Wage claims can go to the Labor Commissioner's San Jose district office at 224 Airport Parkway, Suite 300, San Jose, CA 95110. Lawsuits are filed in Santa Clara County Superior Court, which hears civil cases at the Downtown Superior Court, 191 North First Street, San Jose, CA 95113. We'll tell you which route is likely to recover the most for you, and handle the filing.

Sam Setyan, San Jose employment lawyer

Meet your San Jose employment lawyer

Sam Setyan is a California employment trial attorney who represents employees only, never employers. Before founding Setyan Law he worked at the largest employment litigation firm in Southern California, and he has since litigated more than 500 employment cases across the state.

A large part of Sam's practice is sexual harassment. He represents workers who were harassed by a boss, coworker or client, and who were demoted or fired after reporting it. His firm has recovered more than $5.4 million for sexual harassment survivors. If you're not sure whether what happened to you counts as harassment, he can tell you on a free call.

When you call, you talk to Sam, not a case manager. He handles your case himself and prepares every claim as if it is going to trial, because that is what earns the strongest settlements.

  • J.D., Loyola Law SchoolLos Angeles
  • 500+ employment casesLitigated across California
  • Federal jury winVerdict against Costco Wholesale
“Sam went above and beyond to help me with my case. They were always available to answer my questions and kept me updated throughout the entire process.”
Nayra C. · Read more client reviews

Full profile · State Bar of California license

San Jose employment law FAQs

I reported sexual harassment at my tech company and was laid off soon after. Is that retaliation?

It can be. California law bars employers from punishing you for reporting harassment, and a layoff that follows a complaint deserves a close look. We review the timing, who else was laid off, and the company's reason to see whether it holds up.

My employer wants me to sign a severance agreement with an NDA after my harassment complaint. Do I have to sign?

No, and you shouldn't sign before a lawyer reads it. California limits agreements that prevent employees from discussing workplace harassment or discrimination. A severance agreement can also require you to waive claims you didn't know you had.

I'm on an H-1B visa. Can I still bring a claim against my San Jose employer?

Yes. Your visa status does not take away your protection from harassment, discrimination, retaliation or unpaid wages under California law. Threatening a worker's immigration status to keep them quiet can itself be illegal retaliation. We can talk through how a claim may affect your job and visa timing.

Where are San Jose employment lawsuits filed?

Most are filed in Santa Clara County Superior Court, which hears civil cases at the Downtown Superior Court, 191 North First Street. Some cases go to federal court or arbitration instead, depending on your claims and any agreement you signed.

Where do I file a wage claim in San Jose?

At the Labor Commissioner's San Jose district office, 224 Airport Parkway, Suite 300. A wage claim there is one option, but a lawsuit may recover more for some workers. We can help you compare the two.

What if I work for the County, the City of San Jose, SJSU or VTA?

Some claims against public employers require a government claim first, with some deadlines as short as six months. Harassment and discrimination claims usually follow a different process. Reach out early so we can check which steps and deadlines apply to you.

Talk to a San Jose employment lawyer today

Free and confidential. No fee unless we win. Filing deadlines apply, so don't wait.