Wrongful termination
Firings that break FEHA, public policy under Tameny, or job-security terms in an offer letter or handbook.
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
Labor Code §2922 makes California jobs at-will by default. The exceptions are wide, and the city adds its own: anyone working two or more hours a week inside city limits is owed $17.75 an hour in 2026 and an hour of sick leave per 30 hours worked.
FEHA and Title VII basics
FEHA covers employers with five or more workers (any size for harassment); Title VII starts at fifteen. FEHA also contains California's Fair Chance Act, Gov. Code §12952. An employer cannot ask about convictions until after a conditional offer. If a background check then changes its mind, the applicant is owed written notice, a copy of the report, and at least five business days to respond. In unincorporated areas, the county's Office of Labor Standards and Enforcement takes these complaints directly.
Burden-shifting at trial
Without a smoking-gun email, discrimination is proved in three steps under McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792, adopted for California in Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317. The worker shows the basic facts, the employer names a lawful reason, and the worker then shows that reason doesn't hold up.
Statute of limitations table
| Claim | Filing window | Authority |
|---|---|---|
| CRD complaint under FEHA | Three years after the last unlawful act | Gov. Code §12960(e) |
| EEOC charge (Title VII, ADA, ADEA) | 300 days (California has its own fair-employment agency) | 42 U.S.C. §2000e-5(e)(1) |
| FEHA lawsuit after the notice | One year after the 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 |
| Labor Code wage claims | 3 years (4 if pleaded as unfair competition) | 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
- A lawyer reads your file first. An attorney goes through the dates, the complaint or leave request before the firing, and the messages you kept.
- Agency charges, filed the right way. The CRD complaint, filed online since the agency has no San Diego office, and a matching charge with the EEOC's San Diego Local Office when federal claims fit.
- Records before the lawsuit. Personnel-file (Lab. Code §1198.5) and pay-record (§226) requests, plus letters telling the employer to keep its emails and schedules.
- A written demand. The claims and the numbers, in a letter. Some employers settle here, especially when their HR file has gaps.
- Filing suit downtown. The Hall of Justice on West Broadway for state claims, the Schwartz courthouse across the street for federal ones.
- Mediation, then a jury if needed. Plenty of cases settle at mediation. The rest go to a jury, and every file is built for that.
Twelve case types Westview handles in San Diego
Workplace harassment
Hotel and restaurant staff near the bay and beaches harassed by managers, coworkers, or guests.
Retaliation
Punishment after a complaint or a report of wrongdoing protected by Lab. Code §1102.5, including hospital staff reporting patient-safety problems.
Disability discrimination
Refusing to discuss or grant accommodations, like modified lab duties or a new shift, under Gov. Code §12940(m), (n).
Pregnancy discrimination
Pregnancy leave, light duty, lactation breaks, and firings after the announcement, under Gov. Code §12945.
Racial discrimination
Race-based discipline, pay, or promotion decisions, and bias against braids or locs (CROWN Act).
Sexual harassment
Sex demanded for job benefits, or a sexually hostile workplace. Employers answer for their supervisors.
Age discrimination
Workers 40 and older pushed out in restructurings or replaced by cheaper, younger hires.
National-origin discrimination
Accent-based decisions, immigration threats, and bias against workers from Mexico, the Philippines, or anywhere else.
Religious discrimination
No schedule change for worship; no room for religious dress, grooming, or prayer.
Equal pay
Different pay by sex or race for substantially similar work, a question in biotech research roles, under Lab. Code §1197.5.
Wage-and-hour
Unpaid overtime, skipped breaks, pay under the city's $17.75 minimum, and contractors who belong on payroll (Dynamex, AB 5).
Nine forms of violation San Diego workers report
Discriminatory firing
A stated reason for the firing that falls apart next to the record, the pretext showing under McDonnell Douglas.
Hostile work environment
Harassment frequent or serious enough to change the job, measured as in Aguilar v. Avis Rent A Car (1999) 21 Cal.4th 121.
Quid pro quo harassment
A raise, a shift, or the job itself tied to sexual favors.
Denied accommodation
A disability, pregnancy, or religious accommodation request ignored or refused without discussion.
Retaliation for protected activity
Cut hours, a bad review, or a transfer soon after a complaint, a CRD charge, or a report to a government agency.
Wage theft
Off-the-clock prep, missed meal premiums, unreimbursed mileage or phone costs (Lab. Code §2802), and denied city sick leave.
Misclassification
Drivers, caregivers, and app-based workers labeled contractors despite failing the ABC test.
Failure to pay overtime
Overtime after eight hours a day or forty a week, and double time after twelve, under Lab. Code §510. A manager title doesn't settle exemption; duties do.
Denied leave
Blocking or punishing CFRA, FMLA, or pregnancy disability leave, or firing someone for asking.
Eight categories of liable party
Employer
The company on the paycheck. It is the defendant on FEHA and Title VII discrimination claims.
Supervisor
Personally liable for harassment they commit, under Gov. Code §12940(j)(3).
Manager
Sued individually for harassment, and exposed to aiding-and-abetting claims for joining in retaliation.
HR department
HR that ignores, buries, or approves misconduct strengthens the case against the employer.
Co-worker (with employer ratification)
The company is responsible for coworker harassment it knew or should have known about and failed to stop.
Staffing agency
Temp agencies supplying warehouse, hotel, and lab workers share liability when they control pay or discipline.
Joint employer
A client company and staffing firm, or parent and subsidiary, can both be employers when both control the work.
Successor liability
A buyer that keeps running the business, knowing of the claim, can inherit the liability.
What a San Diego employee can recover
Back pay and front pay
Lost pay and benefits to trial, and future losses when going back isn't realistic. For a Sorrento Valley scientist that can mean unvested stock; for a hotel worker, lost tips.
Emotional distress and punitive damages
Money for anxiety, humiliation, and lost sleep. Punitive damages under Civ. Code §3294 need clear and convincing evidence of malice, oppression, or fraud.
Attorney's fees and costs
A worker who wins a FEHA case can make the employer pay reasonable attorney's fees under Gov. Code §12965(c). City wage and sick-leave complaints can also go to the city's labor standards office.
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
- Only workers as clients. No hospital, hotel group, or lab is a client we have to protect.
- Contingency fees. Most matters are taken on contingency: no fee unless we recover for you, and the firm fronts most costs.
- Regular San Diego filings. Our attorneys file at the Hall of Justice and in the Southern District of California.
- Cases prepared for trial. Witness lists, depositions, and expert work are planned for a San Diego jury from the first month.
- English and Spanish. Intake in both languages, for workers who would rather explain what happened in Spanish.
The seven-step case process
- 1Free consultation. You talk with an attorney, confidentially, about what happened and what documents you have.
- 2CRD or EEOC charge. Filed online with the CRD, or with the EEOC in San Diego, so state and federal claims stay open.
- 3Investigation. Personnel files, pay records, schedules, and witness names are gathered and preserved.
- 4Right-to-sue notice. Once the CRD issues it, a FEHA lawsuit has to be filed within one year.
- 5Lawsuit. Filed at the Hall of Justice or in federal court, followed by document requests, depositions, and motion practice.
- 6Mediation. A private mediator works with both sides; our brief is written as if trial starts next month.
- 7Trial. If the case doesn't settle, a San Diego County jury or a federal jury decides it.
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, and 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 civil cases, including coordinated JCCP proceedings, are also handled at the Hall of Justice; the Central Courthouse at 1100 Union Street hears criminal, family, and probate matters. Department assignment and direct-calendar practices follow the Local Rules of the San Diego Superior Court.
California Civil Rights Department
The CRD does not have an office in San Diego County. Complaints are taken online and by phone, and its closest regional offices are in Riverside (1325 Spruce Street, Suite 320) and Los Angeles (320 West 4th Street, Suite 1000). The 7575 Metropolitan Drive building houses the Labor Commissioner and Cal/OSHA, not the CRD. 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 lawyer can look over a severance offer. A contested FEHA case means CRD deadlines, manager depositions, expert testimony on lost pay, and usually a summary-judgment motion before a jury hears it.
Going DIY through the CRD or EEOC
Workers can file on their own. Unpaid wages go to the Labor Commissioner's San Diego office at 7575 Metropolitan Drive, Room 210, and safety hazards to Cal/OSHA's district office in the same building, Suite 207. Discrimination charges carry the most risk: asking for an immediate right-to-sue notice starts a one-year deadline. The first consultation with Westview is free.
Hiring an out-of-state national firm
Big firms that also defend employers may have a conflict with a San Diego hospital system, hotel group, or biotech company. Westview represents only workers, so that conflict does not come up.
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 does not have an office in San Diego County. San Diego workers file online or by phone, and the closest regional offices are in Riverside, at 1325 Spruce Street, Suite 320, and Los Angeles, at 320 West 4th Street, Suite 1000. 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.
