Wrongful termination
Firing in violation of FEHA, public policy under Tameny, or an enforceable written or implied agreement.
Westview Law PC represents Los Angeles County employees in wrongful termination, harassment, discrimination, retaliation, and wage-and-hour claims under California and federal law.
Reviewed by David M. Safvati, Esq., California State Bar #326605 (verify) · Attorney Advertising
Westview Law PC handles employment cases for workers throughout Los Angeles County, including downtown LA, the San Fernando Valley, the Westside, the South Bay, and the Antelope Valley. 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.
Los Angeles County employs more than four million people across entertainment, aerospace, healthcare, finance, ports and logistics, and the on-demand economy. Each of those sectors carries its own pattern of workplace misconduct. Production assistants on a Burbank set face different problems than warehouse pickers at the Port of Long Beach or registered nurses at a Cedars-Sinai facility. What unites them is California law, which gives employees some of the strongest workplace protections in the country.
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 an LA 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.
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 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 an LA client has both state and federal options.
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.
| 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 |
Firing in violation of FEHA, public policy under Tameny, or an enforceable written or implied agreement.
Severe or pervasive conduct based on a protected class. See Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264.
Adverse action after a protected complaint, accommodation request, or whistleblower disclosure under Lab. Code §1102.5.
Failure to engage in the interactive process or denial of reasonable accommodation under Gov. Code §12940(m), (n).
PDLL leave, accommodation, and protected status under Gov. Code §12945.
Disparate treatment, disparate impact, and the CROWN Act protections for natural hair.
Hostile environment and quid pro quo, including supervisor strict-liability principles under FEHA.
FEHA and ADEA protection for workers 40 and older, including reductions-in-force and forced retirement.
Accent, English-only rules, immigration-status pretext, and document-abuse claims.
Failure to accommodate Sabbath observance, religious dress, grooming, and prayer practices.
California Equal Pay Act claims under Lab. Code §1197.5 for substantially similar work.
Misclassification under Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 and AB 5; meal and rest periods under Brinker.
Termination where protected-class evidence shows the stated reason is pretext under McDonnell Douglas.
Severe or pervasive conduct that alters the conditions of employment. See Aguilar v. Avis Rent A Car (1999) 21 Cal.4th 121.
Tangible job benefits conditioned on submitting to sexual demands by a supervisor or decision-maker.
Refusal to engage in the interactive process or grant a reasonable accommodation for disability or religion.
Demotion, suspension, schedule manipulation, or termination after a complaint or whistleblower report.
Unpaid overtime, off-the-clock work, missing meal premiums, and unreimbursed business expenses under Lab. Code §2802.
Treating a worker as an independent contractor when the ABC test under Dynamex and AB 5 says otherwise.
Daily overtime past eight hours, weekly past forty, and double-time past twelve under Lab. Code §510.
Interference with CFRA, FMLA, or PDLL leave entitlements, or retaliation tied to a leave request.
The direct employer is the primary defendant in FEHA discrimination claims and Title VII actions.
Individual liability attaches to supervisors for harassment under Gov. Code §12940(j)(3).
Personal liability for harassment, plus aiding-and-abetting exposure for participating in retaliation.
Where HR ratifies, conceals, or fails to investigate a complaint, that conduct can support employer liability.
Employer liability for co-worker harassment requires knowledge, actual or constructive, and a failure to take corrective action.
Temp and staffing agencies can be liable as employers when they control hiring, firing, pay, or worksite conditions.
Two entities can share employer status under FEHA where each exercises control over terms and conditions of employment.
Asset purchasers can inherit employment liabilities where there is continuity of operations and notice of the claim.
Lost wages from the date of the adverse action through judgment, plus projected future losses where reinstatement is not feasible.
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.
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.
Specific past results in employment matters are confidential and discussed in consultation. Westview's publicly verified flagship outcomes across the firm's California trial practice include the following.
See the full firm record for additional outcomes.
Past results do not guarantee future outcomes. Each case depends on its specific facts.
Westview Law PC is based in Los Angeles at 1880 Century Park East, Suite 1100, Los Angeles, CA 90067. That office is the firm's only physical location, and it is where intake, depositions, and client meetings take place. Our work in the city of Los Angeles runs through the Los Angeles County Superior Court, Stanley Mosk Courthouse and the U.S. District Court for the Central District of California, Western Division. Call (310) 906-4862 for a free, confidential case review.
What Los Angeles looks like for us in practice. The entertainment and creative industries produce a steady stream of FEHA harassment and retaliation matters, often with NDA enforcement questions under Code Civ. Proc. §1001 (Silenced No More Act). Healthcare retaliation under Health & Safety Code §1278.5 also runs through the LA hospitals. The Stanley Mosk Courthouse is at 111 North Hill Street with limited on-site parking; nearby Disney Hall and Music Center structures absorb overflow. Westview Law's office at 1880 Century Park East is roughly 12 miles from the Stanley Mosk Courthouse.
An attorney's view of the Los Angeles mix. In our practice at the Century City office, the most common claims handled out of LA Superior Court are FEHA retaliation and wrongful-termination matters in entertainment, professional services, and healthcare. We regularly file at the Stanley Mosk Courthouse and at the federal Roybal building. What LA clients often misunderstand is that Title VII has a shorter statutory damages cap than FEHA, which is uncapped, so the framing of a parallel federal claim is a strategic choice rather than a default.
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, Stanley Mosk Courthouse.
Most FEHA, Tameny, and Labor Code civil actions for LA County employees are filed at the Stanley Mosk Courthouse at 111 North Hill Street, downtown Los Angeles. Complex employment cases are sometimes routed to the Spring Street Courthouse at 312 North Spring Street. Departments rotate, and case assignment follows the Local Rules of the LA Superior Court.
The CRD Los Angeles District Office sits at 320 West 4th Street, Suite 1000, Los Angeles. CRD intake interviews are now 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.
Title VII, ADA, ADEA, FMLA, and related federal claims 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.
Westview's LA caseload reflects the County's employment mix. Entertainment-industry harassment cases often involve production crew on short-term call sheets, where supervisor turnover and contractor status complicate liability. Aerospace and defense employees in Palmdale, El Segundo, and Long Beach raise security-clearance retaliation and whistleblower claims under Lab. Code §1102.5. Healthcare workers, including registered nurses and medical residents, often pursue patient-safety retaliation claims. Gig-economy and warehouse workers raise misclassification claims under Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 and AB 5, plus meal and rest violations under Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004.
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 Los Angeles County employees.
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.
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.
Large multi-state firms can have employment-defense conflicts that prevent representation of an LA employee. A California-only plaintiff-side firm avoids that exposure.
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.
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.
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.
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.
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.
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.
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.
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.
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 in the LA Superior Court, 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.
Short-term and freelance status does not automatically disqualify a worker from FEHA protection. Whether a worker is an employee or an independent contractor turns on the ABC test under Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 and AB 5. Many production roles fail the B prong because the work is within the usual course of the production company's business. Misclassification by itself is not the claim, but it is often the gateway to FEHA, wage-and-hour, and CFRA protections that the employer assumed did not apply.
Federal contractors are still subject to FEHA, Title VII, and the Labor Code as to their California workforce. Federal employees, by contrast, have a different complaint path through the federal Equal Employment Opportunity Commission and agency EEO counselors, with a 45-day initial counseling window. The two tracks are not the same, and a worker who has been told to use the federal EEO process should confirm whether that path is mandatory or whether state-law options remain.
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 in the LA Superior Court 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.
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 and statewide. David M. Safvati handles FEHA discrimination, harassment, and retaliation matters in the LA Superior Court and the United States District Court for the Central District of California, including cases against entertainment-industry production companies, aerospace contractors, healthcare systems, and logistics employers.
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 Los Angeles County Bar Association Labor and Employment Section.
Verify California Bar status at apps.calbar.ca.gov/attorney/Licensee/Detail/326605.
David M. Safvati
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