Wrongful termination
Firing in violation of FEHA, public policy under Tameny, or an enforceable written or implied agreement.
San Diego Employment Lawyer
Westview Law PC represents San Diego 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 represents workers across San Diego County, including downtown San Diego, La Jolla, Sorrento Valley, Torrey Pines, Mission Valley, Carlsbad, Oceanside, Chula Vista, and El Cajon. 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
Daily Journal recognition for California verdicts
30+ years
combined trial experience handling employment matters
Multiple
jury trials taken to verdict
100%
plaintiff-side, employee representation only
Employment law for San Diego workers
San Diego County has a workforce close to 1.5 million people, with distinct concentrations. The Torrey Pines and Sorrento Valley biotech corridor employs research scientists, lab technicians, and clinical trial staff. Defense contractors clustered along Pacific Highway and in Kearny Mesa serve the United States Navy, the largest single employer in the region. Healthcare systems anchored by Scripps, Sharp, and UC San Diego Health run from downtown out to North County. Tourism and hospitality concentrates along the bay and in Coronado, Mission Beach, and Pacific Beach. Cross-border manufacturing ties San Diego to Tijuana and produces a workforce with frequent immigration and bilingual-employee issues. Each sector raises its own employment-law patterns, and California law applies across all of them.
The Fair Employment and Housing Act, codified at Government Code sections 12900 through 12996, is the central California anti-discrimination and anti-harassment statute. Section 12940 lists the prohibited practices, 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 runs in parallel through Title VII, the ADA, the ADEA, and the FMLA, and most San Diego employees can pursue both tracks.
One San Diego wrinkle: federal civilian employees of the Navy, Department of Defense, and other federal agencies follow a different complaint path through agency EEO counselors and the federal EEOC, with a 45-day initial counseling window. Federal contractors, however, are still subject to FEHA and the California Labor Code for their California workforce. Westview Law PC is an employee-side California firm. The attorneys represent workers, not management. This page explains how Westview handles intake, agency filings, pre-suit demand letters, written discovery, depositions, motion practice, mediation, and trial in the San Diego County Superior Court and the United States District Court for the Southern District of California.
Your rights as a San Diego 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 claims arise.
FEHA and Title VII basics
FEHA applies to most California employers with five or more employees, and to harassment claims against any employer regardless of size. Title VII applies to employers with fifteen or more employees. The substantive prohibitions overlap, but FEHA defines disability more broadly and offers a longer agency-filing window. Where the facts support dual filing, Westview preserves both state and federal claims.
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 |
| Federal-employee EEO contact | 45 days from action | 29 C.F.R. §1614.105 |
How Westview Law PC helps San Diego 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, 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 San Diego Superior Court or the Southern District of California.
- Mediation and trial. Most cases resolve at mediation. 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 San Diego
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, including reductions-in-force and forced retirement.
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
Misclassification under Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 and AB 5; meal and rest periods under Brinker.
Nine forms of violation San Diego 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, pregnancy, 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 worker as an independent contractor when the ABC test under Dynamex and AB 5 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 San Diego 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 results
Specific past results in this practice area are confidential and discussed during consultation. The figures below reflect Westview Law PC's public verified flagship outcomes across the firm's civil-litigation practice.
$146M
Jury verdict, commercial matter
$11.4M
Judgment, real estate fraud
$3.2M
Jury verdict, breach of contract (Top 100 CA Verdicts 2024)
See the full firm record. Past results do not guarantee future outcomes. Each case depends on its specific facts.
Why San Diego 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 San Diego County's cross-border 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, 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 San Diego Superior Court or the Southern 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 San Diego or federal panel where settlement is not possible.
How Westview Law PC Serves San Diego 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 San Diego, 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 San Diego County matters filed at the San Diego County Superior Court, Central Division (Hall of Justice) (330 West Broadway, San Diego, CA 92101) and in the U.S. District Court for the Southern District of California (Edward J. Schwartz United States Courthouse, 221 West Broadway, San Diego, CA 92101). Initial consultations are conducted by phone or video, and in-person meetings happen at the Century City office or at a San Diego-area location when the case requires it. Call (310) 906-4862 to start a case review.
What San Diego looks like for us in practice. Biotech and defense employers carry trade-secret and clearance-related overlays that touch employment claims. UCSD Health and Scripps generate healthcare retaliation matters under Health & Safety Code §1278.5. The San Diego Minimum Wage Ordinance and paid-sick-leave provisions supplement state law for City of San Diego employers. The Hall of Justice at 330 West Broadway is in downtown San Diego, served by the Blue Line trolley at the County Center / Little Italy stop. The federal Schwartz courthouse is across the street.
An attorney's view of the San Diego mix. In our practice out of San Diego County Superior Court, the most common matters are FEHA disability discrimination at the biotech employers in Sorrento Valley and wrongful termination after pregnancy or parental leave. We also handle a steady volume of healthcare retaliation tied to UCSD Health and Scripps. What San Diego biotech clients often misunderstand is that California's ban on noncompetes under Bus. & Prof. Code §16600 applies even when their employment contract was drafted under Delaware or Massachusetts law, where the noncompete clauses originated.
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 San Diego County residents proceed at the San Diego County Superior Court, Central Division (Hall of Justice).
Where San Diego employment cases are filed
San Diego County Superior Court
Most FEHA, Tameny, and Labor Code civil actions for San Diego County employees are filed downtown at the Hall of Justice at 330 West Broadway. Complex employment cases and certain unlimited civil matters may be assigned to the Central Civil West facility at 1100 Union Street. Department assignment and direct-calendar practices follow the Local Rules of the San Diego Superior Court.
California Civil Rights Department
The CRD San Diego office sits at 7575 Metropolitan Drive, Suite 207, San Diego. 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.
Federal court
Title VII, ADA, ADEA, FMLA, and related federal claims for San Diego-based plaintiffs are filed in the United States District Court for the Southern District of California, which sits at the Edward J. Schwartz United States Courthouse at 221 West Broadway in downtown San Diego.
Regional industry context
Westview's San Diego caseload reflects the County's employment mix. Biotech equal-pay cases out of Torrey Pines and Sorrento Valley raise California Equal Pay Act claims under Lab. Code §1197.5 where female scientists and lab leads identify male counterparts performing substantially similar work at higher pay. Defense-contractor whistleblower cases combine Lab. Code §1102.5 with the federal False Claims Act, 31 U.S.C. §3729 et seq., particularly where the disclosure involves contract fraud or safety. Healthcare retaliation claims at Scripps, Sharp, and UC San Diego Health invoke Lab. Code §1102.5 and Health and Safety Code §1278.5 (patient-safety whistleblower). Hospitality and tourism workers in downtown, Coronado, and the beaches bring harassment claims combined with meal- and rest-break violations under Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004. Federal civilian employees of the Navy and DOD follow the separate federal EEO complaint process and have a 45-day initial counseling window under 29 C.F.R. §1614.105.
Talk to a San Diego employment lawyer before the deadline closes
FEHA, Title VII, federal-employee EEO, and Labor Code claims all run on different clocks, and federal civilian employees face the tightest schedule of all. The conservative reading is the earliest deadline that applies to your facts. Westview Law PC offers confidential consultations to San Diego County 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 matters 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 San Diego employee. A California-only plaintiff-side firm avoids that exposure.
Credentials and recognition
- California Bar member in good standing, Bar #326605. Verify at apps.calbar.ca.gov.
- Top 100 California Verdicts 2024 recognition (Daily Journal).
- Member, California Employment Lawyers Association.
- Member, San Diego County Bar Association, Labor and Employment Section.
San Diego employment law FAQ
How much does a San Diego employment lawyer cost?
Westview Law PC handles most plaintiff-side employment matters on a contingency-fee basis. 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.
Where is the CRD office in San Diego?
The California Civil Rights Department maintains a San Diego office at 7575 Metropolitan Drive, Suite 207. Most CRD intake interviews are now handled online or by phone. A San Diego worker can also file with the federal EEOC's San Diego Local Office, which dual-files claims with the CRD where the conduct violates both state and federal law.
How long do I have to file a San Diego wrongful-termination claim?
The deadline depends on the legal theory. A FEHA 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 in California. A Tameny wrongful-termination tort claim is generally subject to a two-year statute under CCP §335.1. Federal civilian employees have only 45 days to contact an EEO counselor under 29 C.F.R. §1614.105. Wage claims under the Labor Code run on a three-year clock, extended to four under B&P §17208.
I am a civilian employee of the Navy or another federal agency. Do these California timelines apply to me?
Not directly. Federal civilian employees of the Department of Defense, the Department of the Navy, and other federal agencies pursue discrimination, harassment, and retaliation claims through the federal sector EEO process. Initial contact with an agency EEO counselor must occur within 45 days of the alleged action under 29 C.F.R. §1614.105. Title VII, the Rehabilitation Act, and the ADEA all apply, but the procedural path is administrative complaint, agency investigation, and either MSPB or federal court depending on the claim. State FEHA generally does not apply to federal-government employment. Federal contractors, by contrast, are still subject to FEHA for their California workforce.
I work in biotech in Torrey Pines and discovered male colleagues are paid more for the same role. What law applies?
The California Equal Pay Act under Lab. Code §1197.5 prohibits paying employees of one sex less than employees of another sex for substantially similar work, considered as a composite of skill, effort, and responsibility. California amendments have closed many of the prior employer defenses, and the Act also covers race and ethnicity. The federal Equal Pay Act, 29 U.S.C. §206(d), runs in parallel. Westview pursues these claims with payroll-record requests under Lab. Code §226, comparator-pay discovery, and expert wage-equity analysis.
I am a defense-contractor employee who reported contract fraud and was let go. What are my options?
Two legal frameworks usually apply. California Lab. Code §1102.5 protects employees who disclose a reasonable belief of legal violation to a government agency, a supervisor with authority to investigate, or a public body. The federal False Claims Act, 31 U.S.C. §3729 et seq., creates a separate qui tam right of action that allows a relator to file under seal on behalf of the United States and recover a portion of any government recovery. The two paths can run in parallel. Timing and the strength of documentary evidence drive the strategic choice.
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 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.
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. Westview pleads each theory against each proper defendant.
What evidence helps a San Diego discrimination case?
Direct evidence is rare. Most FEHA and Title VII cases turn on circumstantial evidence: comparators, shifting explanations, deviations from written policy, and timing. 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. In biotech and defense-contractor cases, technical performance metrics, project assignment history, and patent or publication attribution can also be relevant.
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 and clear language. ADEA waivers must comply with the Older Workers Benefit Protection Act, which sets a 21-day review window and a 7-day revocation window. California has also restricted no-rehire clauses under CCP §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 San Diego 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 in the San Diego Superior Court. Title VII cases in the Southern 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 in the San Diego Superior Court or the Southern 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 San Diego County and statewide. David M. Safvati handles FEHA discrimination, harassment, and retaliation matters in the San Diego County Superior Court and the United States District Court for the Southern District of California, including cases against Torrey Pines biotech employers, defense contractors, healthcare systems, and downtown 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 Southern District of California, and the Ninth Circuit Court of Appeals. David M. Safvati is a member of the California Employment Lawyers Association and the San Diego County Bar Association Labor and Employment Section.
Verify California Bar status at apps.calbar.ca.gov/attorney/Licensee/Detail/326605.
