Wrongful Termination Lawyer in Long Beach
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What Wrongful Termination Actually Means for Long Beach Workers
California is an at-will state, but that only means an employer can fire you for any reason, not for an illegal one. If you were terminated because of a protected characteristic such as race, disability, pregnancy, or age (40+) under the Fair Employment and Housing Act (FEHA), or because you reported suspected misconduct under Labor Code § 1102.5, that firing may be wrongful termination under California law. Long Beach workers generally have up to three years to file a complaint with the California Civil Rights Department (CRD) on a FEHA claim, but other deadlines run shorter, and some begin the moment you are fired. Consulting a wrongful termination lawyer as soon as possible preserves every option you have.
Three distinct legal theories cover most wrongful termination cases in California: FEHA discrimination and retaliation, Labor Code § 1102.5 whistleblower retaliation, and Tameny claims for termination against public policy. Each carries its own deadline, its own employer size threshold, and its own set of remedies. For a broader overview of how these theories work together, see our quick guide to wrongful termination in California.
The Three Legal Pillars of a Wrongful Termination Claim
Discrimination and Retaliation Under FEHA
FEHA prohibits an employer from terminating a worker based on any of the following protected characteristics:
- Race, color, or national origin
- Sex, gender identity, or sexual orientation
- Disability (physical or mental)
- Age (40 and older)
- Pregnancy, childbirth, or related medical conditions
- Religion or marital status
FEHA applies to employers with five or more employees for discrimination and retaliation claims, and to all employers regardless of size for harassment claims. Where the harasser is a supervisor, the employer is strictly liable. Where the harasser is a coworker, the employer is liable if it failed to take immediate and appropriate corrective action after learning of the conduct. If you believe your Long Beach employer discriminated against you, an employment discrimination attorney in Long Beach can evaluate which of these theories fits your facts.
Illustrative example: A warehouse worker at a 25-person Long Beach logistics company tells her supervisor she is pregnant. Two weeks later, management eliminates her position, citing a restructuring. A frequent employer defense in these situations is that the role was legitimately eliminated. Under FEHA, however, the timing and circumstances can support an inference of discriminatory motive, and the employer must produce a legitimate, non-discriminatory reason that the employee then has the opportunity to show is pretextual.
Whistleblower Retaliation Under Labor Code § 1102.5
Labor Code § 1102.5 prohibits an employer, or any person acting on the employer’s behalf, from retaliating against an employee who discloses information to a government or law enforcement agency, or to a person with authority over the employee, if the employee has reasonable cause to believe the information discloses a violation of a state or federal statute or a local, state, or federal rule or regulation. The statute also protects employees who refuse to participate in conduct that would violate a statute or regulation (§ 1102.5(c)).
An employer who violates § 1102.5 is liable for a civil penalty of up to $10,000 per violation per employee, awarded directly to the retaliated-against employee, in addition to any other available remedies.
Termination Against Public Policy (Tameny Claims)
A Tameny claim arises when an employee is fired for exercising a statutory right, such as filing a workers’ compensation claim, or for refusing to commit an illegal act at the employer’s direction. These claims are brought directly in California Superior Court under Code of Civil Procedure § 335.1 and carry a two-year statute of limitations running from the date of termination. Unlike FEHA claims, no administrative complaint to the CRD is required before filing suit.
Recent California Law Changes Every Long Beach Worker Should Know
The 90-Day Retaliation Presumption (SB 497, Effective January 1, 2024)
SB 497 amended Labor Code § 98.6, § 1102.5, and § 1197.5 to create a rebuttable presumption of retaliation when an employer disciplines or terminates an employee within 90 days of a protected act. Protected acts include reporting unlawful conduct and participating in a government investigation. Once the presumption applies, the burden shifts to the employer to come forward with a legitimate, non-retaliatory explanation. This is a meaningful procedural advantage: in litigation, a worker fired two months after reporting a wage violation does not have to prove retaliation at the outset. The employer must explain itself first.
Off-Duty Cannabis Use Is Now a Protected Category (AB 2188, Effective January 1, 2024)
AB 2188 amended FEHA to prohibit adverse employment actions, including termination, based on an employee’s off-duty, off-premises cannabis use that does not affect job performance. Employers may also not rely on a drug screening that detected only non-psychoactive cannabis metabolites rather than active impairment. If your employer fired you after a positive metabolite-only test result, that termination may now violate FEHA.
A Single Severe Act Can Constitute Harassment (Bailey v. S.F. District Attorney’s Office, July 2024)
In Bailey v. San Francisco District Attorney’s Office (S265223), decided July 2024, the California Supreme Court held that a single, sufficiently severe isolated act of harassment by a coworker, including a one-time use of a racial epithet, can support a hostile work environment claim under FEHA. Prior doctrine required a pattern of conduct for coworker harassment. Bailey eliminated that requirement where the conduct is severe enough. This ruling matters to Long Beach workers who were subjected to one serious incident and were told by HR that “one time doesn’t count.” Under current California law, it may. If the conduct also contributed to your termination, a sexual harassment lawyer in Long Beach or employment discrimination attorney can assess both the harassment and termination claims together.
Deadlines for Filing a Wrongful Termination Claim in Long Beach
Many workers lose valid claims simply by waiting too long. The deadline depends on the legal theory, and multiple clocks may be running at once. A common misconception is that the CRD filing deadline is one year. That was the old rule. Government Code § 12960(e)(5), as amended by Assembly Bill 9 effective January 1, 2020, extended the window to three years. Do not rely on any source that still states “one year.”
Claim Type | Deadline | Authority | Notes
|
|---|---|---|---|
FEHA complaint to the CRD | 3 years from the last unlawful act | Extended from 1 year by AB 9, effective Jan. 1, 2020 | |
Civil lawsuit after CRD right-to-sue notice | 1 year from the date of the notice | Clock starts when CRD issues the notice, not when termination occurred | |
Tameny / public policy claim | 2 years from termination | No CRD filing required; file directly in Superior Court | |
Federal EEOC charge (California employees) | 300 days from the discriminatory act | Shorter than the CRD window; both may be filed simultaneously |
If your situation involves multiple legal theories, more than one deadline applies. The shortest clock controls your most urgent decision.
What You Can Recover in a California Wrongful Termination Case
The remedies available depend on the legal theory. A wrongful termination lawyer can identify which of the following apply to your facts:
- Back pay and lost wages: Compensation for earnings lost from the date of termination through the date of judgment or settlement, available under both FEHA and Labor Code § 1102.5 claims.
- Front pay or reinstatement: Compensation for future lost earnings if reinstatement is not feasible, or an order returning you to your position.
- Emotional distress damages: Available under FEHA for the psychological harm caused by discriminatory or retaliatory conduct.
- Punitive damages: Available in FEHA cases where the employer’s conduct was malicious, oppressive, or fraudulent.
- Civil penalty under § 1102.5: Up to $10,000 per violation per employee, paid to the retaliated-against worker, on top of other remedies.
- Attorney’s fees: A prevailing employee in a FEHA case may recover attorney’s fees under Government Code § 12965, which means legal representation is accessible even when a worker cannot pay fees upfront.
The SB 497 rebuttable presumption functions as a practical leverage point in settlement and litigation: once it applies because the termination fell within the 90-day window, the employer cannot simply deny retaliation. It must affirmatively rebut the presumption with evidence.
What to Do Immediately After a Wrongful Termination
- Write down every relevant event while memory is fresh: dates, names of supervisors and witnesses, what was said and by whom, and any complaints you made before the firing.
- Preserve all written communications you lawfully have access to: emails, text messages, performance reviews, and any written reason the employer gave for the termination.
- Note whether your termination fell within 90 days of a complaint you made to HR, a government agency, or a supervisor about unlawful conduct. If it did, SB 497’s presumption may apply.
- Do not sign any severance agreement or release of claims before speaking with an attorney. Releases are generally enforceable under California law once signed.
- Identify any witnesses who observed the conduct, the termination meeting, or statements made by management about the reason for the firing.
- Request a copy of your personnel file. California Labor Code § 1198.5 gives employees the right to inspect and receive a copy of their personnel records.
What This Means If You Were Just Fired in Long Beach
If your termination happened within 90 days of a complaint you made internally or to a government agency, SB 497 gives you a presumption the law did not give workers even two years ago: your employer has to explain the firing, not just deny wrongdoing. If your employer cited a restructuring or performance issue you had not heard about before making your complaint, that sequence of events is worth discussing with a lawyer before you accept the employer’s framing. The deadlines in the table above are real clocks: the FEHA window is three years, but the federal EEOC window is 300 days and the Tameny clock is two years, so the choice of theory affects how urgently you need to act. The most important immediate step is documentation. Evidence that exists today may not exist in six months. An experienced employment lawyer in Long Beach can review what you have, identify which theory or theories apply, and tell you what your deadlines actually are based on your specific facts.
Frequently Asked Questions
Does California’s at-will rule mean I cannot sue for wrongful termination?
No. At-will means your employer can terminate you without cause, not without legal consequence. If the real reason for the firing was a protected characteristic, retaliation for a complaint, or a violation of public policy, you have a claim regardless of at-will status.
I signed an arbitration agreement. Does that eliminate my rights?
Arbitration agreements generally change the forum in which a claim is heard, not whether the claim exists. Your FEHA and Labor Code rights remain intact. Whether your specific agreement is enforceable under current California law is a question a wrongful termination lawyer can evaluate for your facts.
What if my employer said I was fired for performance reasons, but I had never received a written warning?
California law generally does not require written warnings before termination. However, a lack of prior documentation can be relevant evidence when the stated reason for firing contradicts the employment record. Our related guide addresses whether you can be fired without a written warning and what that means for your claim.
How long do I have to file if I was fired because of my race or age?
For a FEHA claim, you have three years from the last unlawful act to file a verified complaint with the California Civil Rights Department under Government Code § 12960(e)(5). After the CRD issues a right-to-sue notice, you have one year to file a civil lawsuit under Government Code § 12965. These deadlines run concurrently with other clocks, including the 300-day federal EEOC window.
Can one incident of harassment by a coworker support a claim?
Under Bailey v. San Francisco District Attorney’s Office (S265223), decided by the California Supreme Court in July 2024, yes. A single severe act of coworker harassment, such as a racial epithet, can now support a hostile work environment claim under FEHA without requiring a pattern of conduct.
This article is general legal information only and does not constitute legal advice. Reading it does not create an attorney-client relationship between you and Setareh Law Group. Every case turns on its specific facts, applicable law, and procedural posture. No outcome is guaranteed, and no case value is implied.
If you believe you were wrongfully terminated in Long Beach or anywhere in California, contact Setareh Law Group for a free consultation. Our employment attorneys review the facts of your case, identify which legal theories apply, and explain your deadlines before they run. Call us or use our online contact form to get started.
Contact Setareh Law Group: If you believe you have experienced workplace retaliation, our team represents California employees in retaliation claims throughout the state. Contact us to schedule a free, confidential consultation. We do not charge fees unless we recover for you.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
Sources and Additional Resources
Authoritative sources cited
- Fair Employment and Housing Act (FEHA)
- Labor Code § 1102.5
- Code of Civil Procedure § 335.1
- Labor Code § 98.6
- Government Code § 12960(e)(5)
- Gov. Code § 12965
- U.S. EEOC
- Government Code § 12965
- Labor Code § 1198.5
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