Wrongful termination
Firing in violation of FEHA, public policy under Tameny, or an enforceable written or implied agreement.
Long Beach Employment Lawyer
Westview Law PC represents Long Beach employees in wrongful termination, harassment, discrimination, retaliation, and wage-hour claims under California and federal law, including office and administrative staff at port-related employers, aerospace contractors, hospitals, and hospitality operators.
Reviewed by David M. Safvati, Esq., California State Bar #326605 (verify) · Attorney Advertising
Westview Law PC handles employment cases for workers throughout Long Beach, Signal Hill, San Pedro, the South Bay, and the surrounding harbor communities. Initial consultations are confidential. Most plaintiff-side employment matters are handled on a contingency-fee basis, meaning the client pays no attorney fee unless there is a recovery.
Top 100 Jury Verdict 2024
California verdict recognition
30+ years combined
trial experience handling employment matters
Multiple
jury trials taken to verdict
100%
plaintiff-side, employee representation only
Employment law for Long Beach workers
Long Beach sits on one of the busiest container ports in the country, and the city's employment mix reflects that. The Port of Long Beach and the adjacent Port of Los Angeles together move tens of millions of tons of cargo each year, with thousands of longshore workers, terminal operators, customs brokers, warehouse staff, and trucking dispatchers in the surrounding industrial corridor. Outside the port economy, Long Beach is also home to Boeing's legacy aerospace footprint, the MemorialCare and Long Beach Medical Center hospital systems, California State University Long Beach, and a hospitality sector that runs from the downtown Convention Center to Belmont Shore. California law covers each of those sectors, with one important exception described below.
The core California anti-discrimination and anti-harassment statute is the Fair Employment and Housing Act, codified at Government Code sections 12900 through 12996. Section 12940 lists the practices a covered employer cannot lawfully engage in, including discrimination, harassment, and retaliation based on race, sex, age, disability, pregnancy, national origin, religion, sexual orientation, gender identity, and other protected categories. See Gov. Code §12940. Federal law, principally Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, runs in parallel, and a Long Beach worker can usually pursue both tracks at once.
Westview Law PC is an employee-side California firm. The attorneys represent workers, not management. The pages on this site explain how Westview handles intake, agency filings with the California Civil Rights Department (CRD) and the federal Equal Employment Opportunity Commission (EEOC), pre-suit demand letters, written discovery, depositions, motion practice, mediation, and trial in the Los Angeles County Superior Court and the United States District Court for the Central District of California.
A note on port workers: federal LHWCA vs. state FEHA
Longshore workers loading and unloading vessels at the Port of Long Beach are generally covered by the federal Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §901 et seq., for on-the-job injuries. The LHWCA is a no-fault workers' compensation system administered by the U.S. Department of Labor. FEHA discrimination, harassment, and retaliation claims, however, do not turn on LHWCA coverage. A longshore worker fired for filing a sexual-harassment complaint, denied a disability accommodation, or retaliated against for raising a safety concern still has FEHA and Title VII causes of action even when the injury side of the equation falls under the LHWCA.
Office, administrative, dispatch, customs, security, and clerical staff at port-related employers are typically NOT covered by the LHWCA and fall under standard California workers' compensation plus FEHA. The distinction matters at intake. Westview screens the worker's actual job duties, not the employer's industry label, to decide which legal track applies.
Your rights as a Long Beach employee
California employment is presumptively at-will under Labor Code §2922, which means an employer can end the relationship for any reason that is not unlawful. The list of unlawful reasons is long, and that is where most employment claims live.
FEHA and Title VII basics
FEHA applies to most California employers with five or more employees. Title VII applies to employers with fifteen or more. The substantive prohibitions overlap, but FEHA reaches more employers, defines disability more broadly, and offers a longer agency-filing window. Where the facts allow, Westview files dual claims so a Long Beach client has both state and federal options.
Burden-shifting at trial
Disparate-treatment cases under FEHA and Title VII run on the McDonnell Douglas framework. See McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792; Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317. The employee carries the initial burden of a prima facie case. The employer then articulates a non-discriminatory reason. The employee shows pretext. Discovery often turns on the second and third steps: comparator evidence, shifting explanations, deviations from written policy.
Statute of limitations table
| Claim | Filing window | Authority |
|---|---|---|
| FEHA charge with CRD | 3 years from last unlawful act | Gov. Code §12960(e) |
| Title VII / ADA / ADEA charge with EEOC | 300 days in CA (state has equivalent agency) | 42 U.S.C. §2000e-5(e)(1) |
| FEHA civil action after right-to-sue | 1 year from CRD right-to-sue notice | Gov. Code §12965 |
| Wrongful termination in violation of public policy | 2 years | Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167; CCP §335.1 |
| Wage claims under the Labor Code | 3 years (4 under unfair competition theory) | Lab. Code §1194; B&P §17208 |
How Westview Law PC helps Long Beach employees
- Confidential intake. An attorney, not a screener, reviews your timeline, the protected activity at issue, and the documents you have in hand.
- CRD and EEOC charge drafting. Westview prepares the administrative filing and selects whether to pursue dual-filed cross-jurisdiction protection.
- Pre-suit investigation. Personnel-file requests under Lab. Code §1198.5, payroll-records requests under §226, witness contact, and document-preservation letters.
- Demand letters and pre-suit negotiation. A documented demand often resolves cases before formal litigation, especially where the employer's HR record is weak.
- Litigation. Complaint drafting, written discovery, depositions, summary-judgment opposition, and trial preparation in the Long Beach courthouse or the Central District of California.
- Mediation and trial. Most cases resolve at mediation. The cases that do not resolve go to a jury, and Westview prepares each matter as if it will be tried.
Twelve case types Westview handles in Long Beach
Workplace harassment
Severe or pervasive conduct based on a protected class. See Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264.
Retaliation
Adverse action after a protected complaint, accommodation request, or whistleblower disclosure under Lab. Code §1102.5.
Disability discrimination
Failure to engage in the interactive process or denial of reasonable accommodation under Gov. Code §12940(m), (n).
Pregnancy discrimination
PDLL leave, accommodation, and protected status under Gov. Code §12945.
Racial discrimination
Disparate treatment, disparate impact, and the CROWN Act protections for natural hair.
Sexual harassment
Hostile environment and quid pro quo, including supervisor strict-liability principles under FEHA.
Age discrimination
FEHA and ADEA protection for workers 40 and older, common in aerospace reductions-in-force.
National-origin discrimination
Accent, English-only rules, immigration-status pretext, and document-abuse claims.
Religious discrimination
Failure to accommodate Sabbath observance, religious dress, grooming, and prayer practices.
Equal pay
California Equal Pay Act claims under Lab. Code §1197.5 for substantially similar work.
Wage-and-hour
Meal and rest periods under Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, overtime under Lab. Code §510.
Nine forms of violation Long Beach workers report
Discriminatory firing
Termination where protected-class evidence shows the stated reason is pretext under McDonnell Douglas.
Hostile work environment
Severe or pervasive conduct that alters the conditions of employment. See Aguilar v. Avis Rent A Car (1999) 21 Cal.4th 121.
Quid pro quo harassment
Tangible job benefits conditioned on submitting to sexual demands by a supervisor or decision-maker.
Denied accommodation
Refusal to engage in the interactive process or grant a reasonable accommodation for disability or religion.
Retaliation for protected activity
Demotion, suspension, schedule manipulation, or termination after a complaint or whistleblower report.
Wage theft
Unpaid overtime, off-the-clock work, missing meal premiums, and unreimbursed business expenses under Lab. Code §2802.
Misclassification
Treating a port-area dispatch driver or hospitality worker as an independent contractor when the ABC test says otherwise.
Failure to pay overtime
Daily overtime past eight hours, weekly past forty, and double-time past twelve under Lab. Code §510.
Denied leave
Interference with CFRA, FMLA, or PDLL leave entitlements, or retaliation tied to a leave request.
Eight categories of liable party
Employer
The direct employer is the primary defendant in FEHA discrimination claims and Title VII actions.
Supervisor
Individual liability attaches to supervisors for harassment under Gov. Code §12940(j)(3).
Manager
Personal liability for harassment, plus aiding-and-abetting exposure for participating in retaliation.
HR department
Where HR ratifies, conceals, or fails to investigate a complaint, that conduct can support employer liability.
Co-worker (with employer ratification)
Employer liability for co-worker harassment requires knowledge, actual or constructive, and a failure to take corrective action.
Staffing agency
Temp and staffing agencies can be liable as employers when they control hiring, firing, pay, or worksite conditions.
Joint employer
Two entities can share employer status under FEHA where each exercises control over terms and conditions of employment.
Successor liability
Asset purchasers can inherit employment liabilities where there is continuity of operations and notice of the claim.
What a Long Beach employee can recover
Back pay and front pay
Lost wages from the date of the adverse action through judgment, plus projected future losses where reinstatement is not feasible.
Emotional distress and punitive damages
Non-economic damages for harm to dignity and well-being. Punitive damages where the employer acted with malice, oppression, or fraud under Civ. Code §3294.
Attorney's fees and costs
FEHA shifts fees to the employer when the employee prevails under Gov. Code §12965(c). Fee-shifting changes the economics of litigation against well-funded employers.
Verified firm recoveries
Specific past employment results are confidential and shared in consultation. The publicly verified flagship recoveries below represent the firm's broader trial record across practice areas.
$146M
jury verdict, commercial matter
$11.4M
judgment, real estate fraud
$3.2M
jury verdict, breach of contract (Top 100 CA Verdicts 2024)
Past results do not guarantee future outcomes. Each case depends on its specific facts. See /case-results/ for the full firm record.
Why Long Beach workers choose Westview Law PC
- Employee-side only. Westview does not represent employers. There are no defense-side conflicts.
- Contingency fee, no recovery, no fee. The firm absorbs the cost risk of litigation in most matters.
- California-only practice. The attorneys focus on FEHA, the CRD, and the California Labor Code rather than splitting attention across other states.
- Trial preparation from day one. Cases are built so that depositions, expert disclosures, and motion practice can support a jury trial if needed.
- Bilingual intake (English and Spanish) for the harbor area's diverse workforce.
The seven-step case process
- 1Consultation. A confidential review of facts and documents with a Westview attorney.
- 2CRD or EEOC filing. The administrative charge that preserves FEHA and Title VII rights.
- 3Investigation. Personnel-file requests, payroll-records requests, witness identification, and document preservation.
- 4Right-to-sue letter. CRD or EEOC notice that opens the civil-court window. FEHA suit must be filed within one year of the CRD notice.
- 5Litigation. Complaint, written discovery, depositions, motions in the Long Beach courthouse or the Central District of California.
- 6Mediation. Most cases resolve here. Westview prepares a mediation brief that reads like a trial brief.
- 7Trial. Jury trial in front of a Los Angeles County or federal panel where settlement is not possible.
How Westview Law PC Serves Long Beach Clients from Our Los Angeles Office
Westview Law PC has one office, at 1880 Century Park East, Suite 1100, Los Angeles, CA 90067. The firm does not maintain a separate location in Long Beach, and we want clients to have that fact in front of them before they call. What the firm does have is a California bar license that covers every county in the state, and a regular practice in Los Angeles County matters filed at the Los Angeles County Superior Court, Long Beach Courthouse (Governor George Deukmejian Courthouse) (275 Magnolia Avenue, Long Beach, CA 90802) and in the U.S. District Court for the Central District of California, Western Division (Edward R. Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, CA 90012). Initial consultations are conducted by phone or video, and in-person meetings happen at the Century City office or at a Long Beach-area location when the case requires it. Call (310) 906-4862 to start a case review.
What Long Beach looks like for us in practice. Port-related employment includes longshore and stevedoring (LMRA preemption questions come up regularly), trucking and intermodal logistics (Lab. Code §2775 misclassification claims for port drivers), and aerospace manufacturing with defense-clearance angles. The Deukmejian Courthouse has a dedicated parking structure at 251 Magnolia Avenue; downtown Long Beach also serves on the Metro Blue Line at the 1st Street station.
An attorney's view of the Long Beach mix. In our practice, the most frequent Long Beach claim comes from port-adjacent logistics workers misclassified as independent contractors, which under Dynamex (Lab. Code §2775) almost always fails the ABC test for drayage drivers. We also see retaliation claims from healthcare workers at the major hospital systems after reports of patient-safety issues under Health & Safety Code §1278.5. What clients often misunderstand is that the Long Beach Courthouse is part of LA County Superior Court, so a Long Beach plaintiff can sometimes be moved to the Stanley Mosk Courthouse downtown depending on assignment.
Where federal and state enforcement sits. Federal claims under Title VII, the ADA, and the ADEA are administered by the U.S. Equal Employment Opportunity Commission, and California state-law claims under FEHA, the Labor Code, and the Cal-WARN Act run through the California Civil Rights Department and the California Labor Commissioner, with the California Attorney General's office taking some pattern-and-practice and PAGA-related matters. Civil filings for Los Angeles County residents proceed at the Los Angeles County Superior Court, Long Beach Courthouse (Governor George Deukmejian Courthouse).
Where Long Beach employment cases are filed
Los Angeles County Superior Court, Long Beach Courthouse
Most FEHA, Tameny, and Labor Code civil actions for Long Beach employees are filed at the Governor George Deukmejian Courthouse at 275 Magnolia Avenue in downtown Long Beach. This is the South District seat for the Los Angeles County Superior Court and handles civil, family, and criminal matters. Complex employment cases may be routed to the Stanley Mosk Courthouse in downtown Los Angeles for case management.
California Civil Rights Department
The CRD Los Angeles District Office sits at 320 West 4th Street, Suite 1000, Los Angeles, and serves Long Beach intake. CRD interviews are conducted online and by phone, with limited in-person availability. The CRD investigates, mediates, and where appropriate issues a right-to-sue letter that opens the civil-court path.
Federal court
Title VII, ADA, ADEA, FMLA, and related federal claims for Long Beach-area employers are filed in the United States District Court for the Central District of California. The downtown LA federal courthouses are the Edward R. Roybal Federal Building at 255 East Temple Street and the First Street U.S. Courthouse at 350 West First Street.
Regional industry context
Westview's Long Beach caseload reflects the city's employment mix. Port-related employers, including marine terminal operators, customs brokers, intermodal trucking dispatchers, and the warehouse cluster north of the harbor, generate FEHA harassment, retaliation, and wage-hour claims. Office and administrative staff at port-related employers fall under FEHA and the California Labor Code; longshore workers loading and unloading vessels are typically covered by the federal LHWCA for on-the-job injuries but still hold FEHA discrimination and harassment rights. Aerospace and defense workers connected to Boeing's Long Beach legacy operations raise security-clearance retaliation and whistleblower claims under Lab. Code §1102.5. Healthcare workers at MemorialCare Long Beach Medical Center, St. Mary Medical Center, and Long Beach Memorial pursue patient-safety retaliation, disability accommodation, and CFRA leave claims. Hospitality workers at downtown hotels, the Convention Center, and the Long Beach Cruise Terminal raise meal and rest violations under Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004 and tip-credit and wage-statement claims under Lab. Code §226.
Talk to a Long Beach employment lawyer before the deadline closes
FEHA, Title VII, and Labor Code claims all run on different clocks. The conservative reading is the earliest deadline that applies to your facts. Westview Law PC offers confidential consultations to Long Beach employees.
Comparing Westview to other options
Hiring a smaller firm or a generalist
A general-practice attorney can handle a straightforward separation-agreement review. For a contested FEHA matter with discovery, expert disclosures, and a likely deposition fight, an employment-focused firm is usually better suited. The CRD process, the McDonnell Douglas burden-shifting, and the FEHA fee-shifting rules reward repeat practice.
Going DIY through the CRD or EEOC
An employee can file a CRD or EEOC charge without an attorney. Some cases resolve through agency mediation without further action. The risk of going alone is the timeline pressure: missed deadlines for an opposition declaration or a right-to-sue election can end a claim. Westview's intake is free and confidential, so a conversation costs nothing.
Hiring an out-of-state national firm
Large multi-state firms can have employment-defense conflicts that prevent representation of a Long Beach employee. A California-only plaintiff-side firm avoids that exposure.
Credentials and recognition
- California Bar: Member in good standing, #326605. Verify at apps.calbar.ca.gov.
- Trial recognition: Top 100 California Jury Verdicts, 2024.
- Bar admissions: State Bar of California, U.S. District Court Central District of California, Ninth Circuit Court of Appeals.
- Memberships: California Employment Lawyers Association, Long Beach Bar Association Labor and Employment Section.
Long Beach employment law FAQ
How much does a Long Beach employment lawyer cost?
Westview Law PC handles most plaintiff-side employment matters on a contingency-fee basis. That means the client pays no attorney fee unless there is a recovery, and the firm advances most case costs. The contingency percentage is set out in a written fee agreement that the client reviews before signing. FEHA also shifts attorney's fees to the employer when the employee prevails under Gov. Code §12965(c). Fee-shifting often drives settlement, because the employer's exposure includes both the underlying damages and the cost of the employee's legal work.
I work at the Port of Long Beach. Can I bring a California discrimination claim, or am I limited to federal law?
It depends on your job duties, not the employer's industry. Longshore workers loading and unloading vessels are usually covered by the federal Longshore and Harbor Workers' Compensation Act for on-the-job injuries. The LHWCA does not, however, displace FEHA discrimination, harassment, or retaliation claims. Office, dispatch, customs, security, and clerical staff at port-related employers typically fall under standard California workers' compensation and FEHA. Westview screens the actual duties of the worker before deciding the legal track. A FEHA discrimination claim against a marine terminal operator is generally available even where injury claims would route through the LHWCA.
What is the difference between filing with the CRD and filing in court?
The California Civil Rights Department is the state agency that administers FEHA. A worker must file an administrative charge with the CRD (or dual-file with the EEOC) before suing under FEHA. The CRD investigates and can mediate, and it issues a right-to-sue letter that opens the civil-court window. A direct-filing option also exists, where the CRD issues an immediate right-to-sue notice without investigating. The strategic choice between immediate suit and full agency investigation depends on the facts, the employer's posture, and the documentary record.
How long do I have to file a Long Beach wrongful-termination claim?
The deadline depends on the legal theory. A FEHA discrimination, harassment, or retaliation charge with the CRD must be filed within three years of the last unlawful act under Gov. Code §12960(e). A Title VII or ADA charge with the EEOC must be filed within 300 days of the act in California. A Tameny wrongful-termination tort claim is generally subject to a two-year statute under CCP §335.1. Labor Code wage claims run on a three-year clock, extended to four years if pleaded as an unfair competition violation under Business and Professions Code §17208.
Do I have to quit my job to file a claim?
No. A current employee can file a CRD charge while still employed. FEHA prohibits retaliation against an employee who files or participates in a charge under Gov. Code §12940(h). Constructive discharge is a separate doctrine that applies where working conditions are so intolerable a reasonable person would resign. See Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238. Most workers stay employed while a claim is pending. The decision is fact-specific and worth discussing with counsel before acting.
Can I sue my supervisor personally for harassment?
Yes, for harassment claims. FEHA imposes personal liability on individual supervisors and co-workers who engage in harassment under Gov. Code §12940(j)(3). Discrimination and retaliation claims, by contrast, run against the employer entity and not the individual supervisor. The harassment-versus-discrimination distinction matters at the pleading stage, because the wrong defendants on the wrong claims can be dismissed. Westview pleads each theory against each proper defendant.
What evidence helps a Long Beach discrimination case?
Direct evidence is rare. Most FEHA and Title VII cases turn on circumstantial evidence: comparators (similarly situated employees outside the protected class treated more favorably), shifting explanations (the employer's stated reason changes), deviations from written policy (the employer applied a rule differently to the employee), and timing (an adverse action close in time to protected activity). Personnel-file documents under Lab. Code §1198.5, payroll records under §226, emails, Slack messages, performance-review history, and HR investigation notes are common evidence sources.
Is my employer allowed to fire me for filing a CRD charge?
No. FEHA prohibits retaliation against an employee who files or participates in a CRD charge, opposes a discriminatory practice, or requests an accommodation. See Gov. Code §12940(h). Retaliation is its own cause of action, separate from the underlying discrimination claim, and it carries its own damages exposure. A retaliation claim sometimes outlasts the underlying claim, because the retaliation timeline starts at the adverse action, not the original protected activity.
What if I work in aerospace and hold a security clearance?
Security-clearance status does not strip an employee of FEHA protection. Adverse clearance decisions themselves are reviewable through a narrow federal channel and are generally not directly challenged in a civil discrimination suit. However, the employer's use of a pretextual security or clearance rationale to remove a worker after protected activity is a familiar fact pattern in aerospace and defense litigation. Lab. Code §1102.5 whistleblower protections also apply where a worker reports a reasonable belief of a violation of federal or state law, including procurement-fraud and safety reports common in defense work.
What if I signed a severance agreement that releases my claims?
A release signed at termination is not always enforceable. California requires consideration beyond what the employee was already owed, clear language, and (for ADEA waivers) compliance with the Older Workers Benefit Protection Act including a 21-day review window and a 7-day revocation window. California has also restricted no-rehire clauses under Code of Civil Procedure §1002.5 and limited non-disparagement language. An attorney should review a release before signing or, if already signed, evaluate whether it covers the claims at issue.
How long does a Long Beach employment case take?
Most CRD investigations close within 12 to 18 months of filing. Cases that proceed to civil court typically take 18 to 36 months from complaint filing through trial at the Long Beach courthouse, though the actual schedule depends on the assigned department, discovery disputes, and whether mediation succeeds. Title VII cases in the Central District of California often move faster on a federal scheduling order. Settlement timing varies. Some matters resolve at the CRD mediation stage, others at private mediation after discovery, and a minority go to verdict.
Will I have to go to court if I hire Westview Law PC?
Most cases resolve without a trial. The typical sequence is administrative filing, investigation, civil complaint, discovery, mediation, and settlement. Cases that do not resolve at mediation can proceed to a jury trial at the Long Beach Deukmejian courthouse or the Central District of California. The client makes the decision to settle or proceed at every stage. Westview prepares each case as if it will be tried, because employers settle most aggressively against firms that have shown they will take a case to verdict.
About the attorney
This page was reviewed by David M. Safvati, California Bar #326605, a Westview Law PC attorney whose practice focuses on plaintiff-side employment litigation in Los Angeles County, including Long Beach and the South Bay, and statewide. David M. Safvati handles FEHA discrimination, harassment, and retaliation matters at the Long Beach Deukmejian Courthouse and in the United States District Court for the Central District of California, including cases against port-related employers, aerospace contractors, hospital systems, and hospitality operators.
David M. Safvati earned a J.D. from Loyola Law School and was admitted to the California Bar in 2019. Bar admissions include the State Bar of California, the United States District Court for the Central District of California, and the Ninth Circuit Court of Appeals. David M. Safvati is a member of the California Employment Lawyers Association and the Long Beach Bar Association Labor and Employment Section.
Verify California Bar status at apps.calbar.ca.gov/attorney/Licensee/Detail/326605.
