California Employment Law
Fighting for Your Best Exit
At Moxie Legal, we empower California workers to understand, negotiate, and maximize their severance agreements. Whether you’re facing a layoff, termination, or a voluntary exit, you deserve to leave on the best possible terms. Our expertise in California employment law ensures you know your rights and receive what you’re entitled to under the law — and more.
From ensuring your health insurance continues seamlessly to maximizing your severance package and protecting your stock options, Moxie Legal knows which battles to pick and how to win them.
Ready to level the playing field?
Let's talk about your situation and what we can achieve together.
Unique California Employment Laws That Boost Your Bargaining
Non-Compete Agreements Are UNENFORCEABLE in California
California Business & Professions Code Section 16600 voids all non-compete agreements. This is HUGE for your severance negotiation because employers can't threaten your future employment opportunities.
Your Advantage: We can negotiate higher severance knowing your employer can't restrict where you work next. Many companies will pay extra to secure non-solicitation agreements since they can't get non-competes.
Other States:
Employers use non-compete threats to reduce severance: "Sign this or you can't work in your industry for 2 years."
California:
Non-competes are void. Employers must compete on compensation alone to secure your signature.
California Business & Professions Code § 16600
California Wage & Hour Laws Create Additional Claims
California's strict wage and hour laws often reveal violations that strengthen your severance position. Unpaid overtime, missed meal breaks, and off-the-clock work create automatic penalties.
Your Leverage: Even minor wage violations can result in significant penalties. Smart employers prefer to settle these claims through enhanced severance rather than face Labor Commissioner proceedings.
California Labor Code §§ 510, 512, 226.7, 203
California WARN Act Requirements
California's Worker Adjustment and Retraining Notification (WARN) Act is stricter than federal law, requiring 60 days' notice for layoffs affecting 50+ employees (vs. 100 federally).
Your Protection: WARN violations result in automatic penalties of 60 days' pay and benefits. We use potential violations as leverage even in individual terminations.
California Labor Code §§ 1400-1408
Stronger Whistleblower and Retaliation Protections
California Labor Code Section 1102.5 provides broader whistleblower protections than federal law, covering any disclosure of suspected legal violations to supervisors or government agencies.
Your Shield: If your termination followed any complaint about company practices, we have strong retaliation claims that significantly increase severance value.
California Labor Code § 1102.5; Government Code § 12653
California Paid Sick Leave and PTO Laws
California requires employers to pay out accrued vacation time but treats sick leave differently. Understanding these distinctions maximizes your final paycheck.
Your Money: We ensure proper calculation of vacation payout and negotiate additional compensation for unused sick leave when possible.
California Labor Code § 227.3
Private Attorneys General Act (PAGA) Claims
PAGA allows employees to sue on behalf of all employees for Labor Code violations, creating massive potential liability for employers.
Your Leverage: The threat of PAGA claims involving your entire workforce creates powerful negotiation leverage for individual severance agreements.
California Labor Code §§ 2698-2699.5