Sebastian Miller

Attorney Profile

Top Rated Employment Litigation Attorney in Santa Clara, CA

Sebastian Miller Law, P.C.
 | 900 Lafayette Street, Suite 201
Santa Clara, CA 95050
Phone: 408-348-1728
Fax: 408-716-3149
Selected to Rising Stars: 2015 - 2019
Licensed Since: 2009
Practice Areas:
  • Employment Litigation: Plaintiff (80%),
  • Employment & Labor: Employee (10%),
  • Class Action/Mass Torts: Plaintiff (10%)
Attorney Profile

Founder of Sebastian Miller Law, P.C., Sebastian Miller is an employment law attorney representing clients in Santa Clara County and Monterey County. During his extensive career, Mr. Miller has represented venture capital funds, startups and corporate clients. He has also handled unique issues such as whistleblowers rights, prohibitions on noncompete agreements, common severance agreements, bonus compensation, equity and the right to stock options.

In 2005, Mr. Miller earned a Bachelor of Arts in economics from the University of California, Los Angeles and then obtained his Juris Doctor from the University of Chicago Law School in 2009. Admitted to practice in both New York and California, Mr. Miller is a law instructor at Lincoln Law School of San Jose, a member of the Federal Bar Association and a barrister for The Honorable William A. Ingram American Inn of Court. He has written pieces for the California Labor and Employment Law Review and the Daily Journal, and presented to the California Bar Association’s Labor and Employment Law Section.

While most of his time is spent handling arbitration and lawsuits for employees in California, Mr. Miller also advises employers on their separation agreements and employment agreements. In just a few short years, he has been responsible for recovering up to $7 million for his clients.

Mr. Miller is actively involved in giving back to his community through service and pro bono work. A volunteer attorney for the Law Foundation of Silicon Valley, Swords to Plowshares and the Pro Bono Project Silicon Valley, he is also a member of the U.S. District Court for the Eastern District of California’s pro bono panel.

Practice Areas

Employment Litigation: Plaintiff (80%)
Employment & Labor: Employee (10%)
Class Action/Mass Torts: Plaintiff (10%)

Employment Litigation (80%): Employment Discrimination, Wrongful Termination

Employment & Labor (10%): Employment Law - Employee, Wage & Hour Laws, Whistleblower, Sexual Harassment

Class Action/Mass Torts (10%)

Focus Areas

Employment Discrimination, Wrongful Termination, Employment Law - Employee, Wage & Hour Laws, Whistleblower, Sexual Harassment


top-imageSelected to Rising Stars for 5 years

Rising Stars: 2015 - 2019

Email Me

To: Sebastian Miller
Super Lawyers: Potential Client Inquiry

About Sebastian Miller

Admitted: 2009, California

Professional Webpage:


  • Winner, K. William Kolbe Writing Competition, ABA Section of Public Utility Law, 2008
  • Winner, D. Francis Bustin Prize for Excellent Student Writing, The University of Chicago Law School, 2008
  • John M. Olin Fellow in Law and Economics, The University of Chicago Law School, 2007

Special Licenses/Certifications:

  • Member of New York and California Bars

Bar/Professional Activity:

  • Federal Bar Association (member)
  • Instructor of Law at Lincoln Law School of San Jose  
  • The Honorable William A. Ingram American Inn of Court (Barrister)

Pro bono/Community Service:

  • Swords to Plowshares (volunteer attorney)
  • Pro Bono Project Silicon Valley (volunteer attorney with the Lawyers in the Library program)
  • Law Foundation of Silicon Valley (volunteer attorney with various projects and clients)
  • Pro Bono Panel for the United States District Court for the Eastern District of California (member)

Scholarly Lectures/Writings:

  • Author, An Employee's Right To A Day Of Rest, Daily Journal
  • Author, When Remote-Work Expenses Must Be Reimbursed Under Labor Code Section 2802, California Labor And Employment Law Review
  • Speaker, Basics: Economic Realities Test and Martinez v. Combs -- Determining Who the Employer Is Under FLSA and California Law, California Bar Association, Section Of Labor & Employment Law (Annual Meeting)
  • Author, Leaves Of Absence And Nonaccrual Vacation In California, Law360
  • Presenter, Advanced Wage & Hour Issues Under The California Labor Code, Institute for Applied Management and Law, August 26, 2015


  • $50,000 settlement for failure to pay wages to intern, 2015
  • Employee v. Employer (JAMS arbitration award in employee's favor on claim against employer for its failure to accommodate a disability), 2017
  • Secured dismissal of all claims following grant of summary judgment.  McLean v. Infinera Corporation, Case No.: 1-12-CV-219463 (Superior Court of Santa Clara County), 2013
  • Class action settlement providing for monetary damages and injunctive relief in Labor Code section 2802 lawsuit involving failure to reimburse for use of employees' cellular phones, 2016
  • Secured all relief sought on behalf of plaintiff in fraud action. Jenkins v. Newtalk, Inc. Case No.: 3:14-CV-01400 (N.D. Cal.), 2014
  • $13,000 settlement regarding unpaid wages despite employee having previously signed release of claims, 2015
  • Employee v. Employer (JAMS) (arbitration award in favor of employee-side client in retaliation and wrongful discharge claim against employer), 2017
  • $45,000 settlement in disability discrimination matter, 2015
  • Sedgwick v. County of Monterey (payment of $75,000 in attorney's fees plus reinstatement to settle retaliation lawsuit), 2017
  • -$904,000 settlement in PAGA action seeking penalties for violation of California's day of rest statutes, 2018


  • Amobee, Inc. in acquisitions of both Adconion and Kontera Technologies
  • Brightcove Inc. in acquisition of Unicorn Media
  • Topsy Labs Inc. in sale to Apple Inc.
  • Ansys, Inc. in acquisition of Reaction Design
  • 41st Parameter, Inc. in sale to Experian Holdings, Inc.
  • Global Payments Inc. in acquisition of Pay Pros
  • Zendesk, Inc. in acquisition of Zopim Technologies
  • Mobilespan in acquisition by Dropbox

Educational Background:

  • The University of California, Los Angeles (B.A. in Economics), 2005
Office Location for Sebastian Miller

900 Lafayette Street
Suite 201
Santa Clara, CA 95050

Phone: 408-348-1728

Fax: 408-716-3149

Sebastian Miller:

Last Updated: 2/27/2019

Page Generated: 3.6323421001434 sec