Wrongful termination
Firings that break FEHA, Tameny public policy, or a written or implied promise.
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 covers employers with five or more workers; Title VII starts at fifteen, so many small harbor-area shops and trucking outfits answer to state law alone. FEHA also reads disability more broadly and allows more time to file. One exception: staff at the VA medical center, one of the city's largest employers, are federal employees outside FEHA and must contact an agency EEO counselor within 45 days. Where both state and federal law fit, Westview dual-files.
Burden-shifting at trial
Most discrimination cases are proved with circumstantial evidence through the three-step McDonnell Douglas test. See McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792; Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317. You make a prima facie showing, the employer offers a legitimate reason, and you then show that reason is pretext. The fight is usually over pretext: how coworkers outside your group were treated, whether the explanation changed, and whether written policy was followed.
Statute of limitations table
| Claim | Filing window | Authority |
|---|---|---|
| Complaint to the CRD (FEHA) | 3 years after the last unlawful act | Gov. Code §12960(e) |
| EEOC charge (Title VII, ADA, ADEA) | 300 days, because California has its own agency | 42 U.S.C. §2000e-5(e)(1) |
| FEHA lawsuit | 1 year after the CRD right-to-sue notice | Gov. Code §12965 |
| Tameny wrongful termination claim | 2 years | Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167; CCP §335.1 |
| Labor Code wage claim | 3 years; 4 through the unfair competition law | Lab. Code §1194; B&P §17208 |
How Westview Law PC helps Long Beach employees
- Confidential intake. A lawyer hears your timeline on the first call and reads what you have, whether you work a terminal gate, a hospital unit, or a hotel front desk.
- CRD and EEOC charge drafting. We write the CRD complaint and decide whether an EEOC cross-filing adds anything for an employer of your size.
- Pre-suit investigation. We request your personnel file (Lab. Code §1198.5) and pay records (§226), find witnesses, and send preservation letters before schedules and dispatch logs are overwritten.
- Demand letters and pre-suit negotiation. A documented demand settles some cases before a lawsuit, most often when HR never investigated the complaint.
- Litigation. Complaint, discovery, depositions, and summary-judgment opposition, with trial preparation for the Deukmejian Courthouse on Magnolia Avenue or federal court downtown.
- Mediation and trial. Most cases settle at mediation. The ones that don't go to a jury, so we prepare every file for that possibility.
Twelve case types Westview handles in Long Beach
Workplace harassment
Severe or pervasive harassment tied to a protected trait, from supervisors, coworkers, or hotel guests. See Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264.
Retaliation
Punishment for a complaint, an accommodation request, or a whistleblower report under Lab. Code §1102.5, including nurses who report patient-safety problems.
Disability discrimination
No interactive process, or a refused accommodation, under Gov. Code §12940(m), (n), often in terminal and hospital jobs.
Pregnancy discrimination
Pregnancy disability leave, light duty, and job protection under Gov. Code §12945.
Racial discrimination
Race-based discipline, pay, or shift assignments, and hair-texture bias covered by the CROWN Act.
Sexual harassment
Quid pro quo demands and hostile environments. When a supervisor harasses, FEHA makes the employer strictly liable.
Age discrimination
FEHA and ADEA protection for workers 40 and older, common in aerospace reductions-in-force.
National-origin discrimination
Accent bias, English-only rules without a business need, and threats about immigration status.
Religious discrimination
Refusing Sabbath schedule swaps, or grooming rules aimed at religious head coverings and beards.
Equal pay
Lower pay for substantially similar work because of sex, race, or ethnicity, under Lab. Code §1197.5.
Wage-and-hour
Missed meal and rest breaks under Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004 and overtime under Lab. Code §510. Hotel workers and airport and Convention Center concession workers are owed at least $26.50 an hour as of July 1, 2026.
Nine forms of violation Long Beach workers report
Discriminatory firing
A firing where the stated reason falls apart under McDonnell Douglas and the real reason is a protected trait.
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
A supervisor or decision-maker ties hours, a promotion, or the job itself to sexual demands.
Denied accommodation
An employer that won't discuss, or grant, a reasonable accommodation for a disability or a religious practice.
Retaliation for protected activity
Cut shifts, demotion, suspension, or firing after a complaint or whistleblower report.
Wage theft
Unpaid overtime, off-the-clock prep and security checks, missed meal premiums, and phone or mileage costs never reimbursed under Lab. Code §2802.
Misclassification
Calling a port drayage driver or hospitality worker an independent contractor when the ABC test says otherwise.
Failure to pay overtime
Time-and-a-half after 8 hours in a day or 40 in a week, and double time after 12 in a day, under Lab. Code §510.
Denied leave
Interfering with CFRA, FMLA, or pregnancy disability leave, or punishing an employee for asking for it.
Eight categories of liable party
Employer
The company that employs you is the main defendant on FEHA and Title VII claims, whether it is a terminal operator, a hospital, or the city itself.
Supervisor
A supervisor who harasses can be sued personally under Gov. Code §12940(j)(3).
Manager
Managers face personal liability for harassment they commit, and aiding-and-abetting claims for retaliation they join.
HR department
HR that ignores, buries, or signs off on a complaint strengthens the case against the employer.
Co-worker (with employer ratification)
For coworker harassment, the employer is liable if it knew or should have known and did nothing effective.
Staffing agency
Agencies that place warehouse and port-area temps can be employers too when they control hiring, pay, or site conditions.
Joint employer
A staffing firm and the site operator can both be employers under FEHA if each controls the terms of the work.
Successor liability
A company that buys a business can inherit its employment claims when operations continue and it knew of the claim.
What a Long Beach employee can recover
Back pay and front pay
Wages and benefits lost since the firing, plus future losses if going back is not realistic, figured at the rate you were owed (for hotel workers, at least the city's $26.50).
Emotional distress and punitive damages
Damages for anxiety, humiliation, and lost sleep. Punitive damages require malice, oppression, or fraud by an officer or managing agent (Civ. Code §3294) and are barred against public employers like the school district and the city (Gov. Code §818).
Attorney's fees and costs
A winning FEHA plaintiff can recover reasonable attorney's fees from the employer under Gov. Code §12965(c).
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
- Employees only. We never take employer clients, so there is no conflict with the port operator, hospital, or hotel you are up against.
- Contingency fee. You pay no attorney fee without a recovery, and the firm fronts most case costs.
- California law, full time. FEHA, CRD procedure, and the Labor Code are the whole practice, including the LHWCA line that port cases can cross.
- Trial-ready files. Depositions and expert work are planned as if a jury at the Deukmejian Courthouse will decide the case.
- Bilingual intake (English and Spanish), so harbor-area workers can tell their story in the language they think in.
The seven-step case process
- 1Consultation. A private review with a Westview attorney of what happened and what paperwork you have.
- 2CRD or EEOC filing. The agency complaint that keeps FEHA and Title VII claims alive. VA medical center staff use the federal EEO process instead.
- 3Investigation. Personnel file, pay records, witnesses, and preservation letters for emails, texts, and scheduling data.
- 4Right-to-sue letter. The agency notice that lets you go to court. A FEHA lawsuit has to be filed within one year of it.
- 5Litigation. Complaint, written discovery, depositions, and motions at the Long Beach courthouse or in federal court.
- 6Mediation. Where most cases settle. Our mediation brief is written like a trial brief.
- 7Trial. A Los Angeles County jury, or a federal one, decides the case if it does not settle.
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 review a severance agreement. A contested FEHA case is different: CRD deadlines, depositions, expert disclosures, and usually a summary-judgment motion all come before a Long Beach jury hears it. An employment-focused firm works through that sequence routinely.
Going DIY through the CRD or EEOC
You can file a CRD or EEOC charge on your own, and wage claims can go straight to the Labor Commissioner's Long Beach office at 1500 Hughes Way, Suite C-202. The risk is the clock: asking the CRD for an immediate right-to-sue opens a one-year window to file suit. Westview's intake is free and confidential, so asking first costs nothing.
Hiring an out-of-state national firm
Big multi-state firms often defend employers, which can conflict them out of a case against a hospital system or terminal operator. A California-only plaintiff-side firm has none of those conflicts.
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.
