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Sebastian Miller

Attorney Profile

Top Rated Employment & Labor Attorney in Santa Clara, CA

Sebastian Miller Law, P.C.
900 Lafayette Street, Suite 201
Santa Clara, CA 95050
Phone: 408-520-0993
Fax: 408-716-3149
Selected to Rising Stars: 2015 - 2021
Licensed in California Since: 2009
Practice Areas: Employment & Labor: Employee
  • Virtual Appointments
Attorney Profile

Sebastian Miller primarily handles lawsuits and arbitrations for employees who were wrongfully terminated. Mr. Miller exclusively represents employees and charges a contingency fee in all litigation matters. Most of his cases are for whistleblower retaliation, discrimination based on a protected characteristic, or the failure to accommodate a disability. Mr. Miller also represents victims of sexual and racial harassment. Further, he represents employees in fraud and misrepresentation cases against employers, including regarding equity compensation.

Mr. Miller has recovered over $10,000,000 for clients since 2015. This includes more than $1,500,000 from three different arbitration awards, more than a dozen settlements of at least $300,000 each, and about thirty different cases that have resolved in the “six figures.”

In addition, executives and professionals hire Mr. Miller to assist with negotiating employment agreements and separation terms. When handling these hourly-fee matters, Mr. Miller draws on knowledge about relevant market terms that stems from seven years of BigLaw experience as well as relationships with leaders in key industry spaces. His key areas of focus are: venture capital, private equity, asset management, technology startups, larger technology employers, professional services firms, and the insurance industry.

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 2008. He is admitted to practice in both New York and California. Mr. Miller has written pieces for the California Labor and Employment Law Review and the Daily Journal and has presented to the California Bar Association’s Labor and Employment Law Section.

Mr. Miller has an office in Santa Clara and is available to meet with clients there when appropriate. His primary office, however, is in Carmel.

Practice Areas
  • 100%Employment & Labor: Employee
Focus Areas

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


7 Years Rising Stars
  • Rising Stars: 2015 - 2021

About Sebastian Miller

First Admitted: 2009, California

Professional Webpage:

Special Licenses/Certifications

  • Member of New York and California Bars

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

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)

Educational Background

  • The University of California, Los Angeles (B.A. in Economics), 2005


  • 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

Bar/Professional Activity

  • Instructor of Law at Lincoln Law School of San Jose  , 2015
  • The Honorable William A. Ingram American Inn of Court (Barrister)


  • $175,000 settlement for pregnancy discrimination, 2020
  • $175,000 settlement for failure to engage in a good faith interactive process to accommodate a disability, 2020
  • $250,000 settlement for failure to accommodate a disability, 2020
  • $250,000+ in individual settlements on behalf of a small group of employees who did not receive paid meal and rest breaks, 2019
  • $175,000 settlement for sexual harassment, 2020
  • $400,000 for associational disability discrimination, 2020
  • $450,000 settlement for gender discrimination, 2020
  • $1,000,000+ class action settlement related to meal and rest breaks, 2020
  • $300,000+ settlement in an employment discrimination matter, 2019
  • $300,000 class action settlement related to meal and rest breaks, 2020
  • $300,000+ settlement in a whistleblower retaliation matter, 2019
  • $300,000+ settlement for a disabled employee, 2019
  • Arbitration award of $765,000+ (including attorneys' fees) for failure to accommodate an employee's anxiety disorder, 2019
  • Employee v. Employer (JAMS arbitration award in employee's favor on claim against employer for its failure to accommodate a disability), 2017
  • 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
  • Employee v. Employer (JAMS) (arbitration award in favor of employee-side client in retaliation and wrongful discharge claim against employer), 2017
  • 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

Representative Clients

  • Executives and professionals in the following types of roles: C-level roles at technology companies both large and small, law firm partners, doctors, partners at investment funds (venture, private equity, public), C-level roles at companies that are accepting private equity investment or being acquired, 2020


  • Represent executives in the following industries and positions regarding employment agreements and transactional documents involving aggregate compensation of more than $50,000,000: investors (venture capital, growth equity, private equity, public), esports, technology startups at all stages, large public employers, doctors, lawyers, consultants., 2020
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Office Location for Sebastian Miller

900 Lafayette Street
Suite 201
Santa Clara, CA 95050

Phone: 408-520-0993

Fax: 408-716-3149

Last Updated: 1/29/2021

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