Newport Beach Employment Lawyer

Fired, pushed out or treated unfairly at work in Newport Beach? Smith Trial Group represents employees, managers and executives in wrongful termination, discrimination, harassment, retaliation and severance matters. Our office is on Von Karman Avenue in Newport Beach, and we represent clients throughout Orange County.

On this page: Cases we handle · Who we represent · Deadlines · If you were fired · Results · FAQ

Newport Beach is one of Orange County’s main business centers. Newport Center and Fashion Island, the airport business district along MacArthur Boulevard, Jamboree Road and Von Karman Avenue, and the offices of Corona del Mar and the Balboa Peninsula are home to investment management, insurance, banking, real estate, healthcare, hospitality and restaurant companies, along with many corporate headquarters. Employees at all of these businesses are protected by California’s employment laws, which are among the strongest in the country. Attorney Cardon Smith founded Smith Trial Group in 2015 after years of defending Fortune 500 companies in litigation, so we know how employers and their lawyers evaluate these cases.

Our office: 4340 Von Karman Ave, Suite 100, Newport Beach, CA 92660 · 855-202-2232

Employment Cases We Handle in Newport Beach

Wrongful termination

California employment is generally at will, but an employer cannot fire you for an illegal reason: discrimination, retaliation for a complaint or report, taking protected leave, refusing to break the law, or in breach of an employment contract. Being forced to resign because conditions became intolerable can also count as a termination. See wrongful termination and constructive discharge.

Discrimination

The California Fair Employment and Housing Act (FEHA) applies to employers with five or more employees and prohibits discrimination based on age, disability, pregnancy, race, sex, national origin, religion, sexual orientation, gender identity and other protected characteristics. We handle age discrimination, disability discrimination and failure to accommodate, pregnancy discrimination, race discrimination, sex discrimination and equal pay, and other discrimination claims.

Sexual harassment and hostile work environments

FEHA’s harassment protections apply to employers of any size, and an employer can be responsible for harassment by supervisors, coworkers and in some cases customers. See sexual harassment and hostile work environment.

Retaliation and whistleblower claims

California Labor Code 1102.5 protects employees who report suspected violations of law to a government agency or to someone with authority at work, and FEHA prohibits retaliation for complaining about discrimination or harassment. Employees of public companies and government contractors may also have federal protections. See retaliation, Orange County whistleblower lawyer, SOX whistleblower retaliation and qui tam cases.

Medical leave and pregnancy leave

The California Family Rights Act (CFRA) gives eligible employees of employers with five or more employees up to 12 weeks of job-protected leave for their own serious health condition, to care for a family member, or to bond with a new child. Pregnancy disability leave is separate. See medical leave violations.

Executive employment and severance

Senior employees often have more at stake in a separation: bonuses, commissions, equity, change-in-control terms and restrictive covenants. We review and negotiate employment agreements and separation agreements, and pursue claims when a company won’t deal fairly. See executive employment lawyer, Irvine and Orange County executive employment and severance agreement review.

Who We Represent

• Executives and senior managers facing termination, demotion or a restructuring after an acquisition.
• Financial advisors and investment professionals dealing with terminations, Form U5 disclosures and compensation disputes. See financial advisors and FINRA employees.
• Physicians, nurses and healthcare workers, including employees who reported billing or patient-safety concerns. See healthcare fraud whistleblowers.
• Technology and startup employees who lost unvested equity when they were let go. See fired before your equity vested.
• Hospitality, restaurant and retail employees facing discrimination, harassment or retaliation.

California Employment Claim Deadlines

Deadlines depend on the type of claim, and missing one can end a case. Common deadlines include:

• FEHA discrimination, harassment and retaliation: a complaint with the California Civil Rights Department within three years, then a lawsuit within one year after the right-to-sue notice.
• Federal discrimination claims: a charge with the EEOC generally within 300 days in California.
• Wrongful termination in violation of public policy: generally two years.
• Retaliation complaints with the Labor Commissioner: one year.
• Sarbanes-Oxley (SOX) retaliation: a complaint with OSHA within 180 days. See SOX whistleblower deadlines.
• Public employers: some claims require a government claim within six months.

See how long you have to sue your employer or estimate a date with our claim deadline calculator. Because exceptions apply, speak with a lawyer about your specific deadline.

What to Do If You Were Fired or Are Being Pushed Out

1. Don’t sign anything on the spot. A separation agreement usually releases your legal claims. If you are 40 or older and the agreement releases age claims, federal law generally gives you 21 days to consider it (45 days in a group layoff) and seven days to revoke after signing.
2. Write down a timeline while it is fresh: complaints you made, who you made them to, and what changed afterward.
3. Keep documents you are entitled to, such as your offer letter, employment agreement, pay stubs, reviews and termination notice. California employees can request their personnel file and payroll records. Don’t take confidential company or customer information.
4. Check your final pay. When an employer fires you, final wages are generally due immediately. See California final paycheck law.
5. Talk to an employment lawyer early, especially before a severance deadline.

Employment Results

• $1.5 million verdict: disability discrimination and wrongful termination.
• $500,000 settlement: wrongful termination and discrimination.
• $250,000 settlement: pregnancy discrimination.
• $125,000 settlement: race discrimination.

Results depend on the facts of each case. Past results do not guarantee a similar outcome. See all case results.

How We Work

Free, confidential consultation. Tell us what happened and we will give you a candid assessment of your options.

Defense-side experience. Cardon Smith defended Fortune 500 companies and served as a federal law clerk before founding the firm. He is admitted in California and in all four federal districts in the state.

Prepared for trial. Most employment cases settle, and the best settlements usually come when the employer knows the case is ready for a jury.

Fees. Discrimination, harassment, retaliation and wrongful termination claims are commonly handled on contingency, so you pay no attorney’s fees unless we recover for you. We discuss fee options for contract and severance negotiations at the start.

Courts. Orange County employment lawsuits are generally filed in Orange County Superior Court, with unlimited civil cases heard at the Central Justice Center in Santa Ana. Federal cases are heard in the U.S. District Court for the Central District of California in Santa Ana. Many employers also require arbitration, which California law limits in important ways.

Frequently Asked Questions

Do I need to come to your Newport Beach office?

No. Many clients meet with us by phone or video. You are also welcome to meet with us at our office on Von Karman Avenue.

Is California an at-will employment state?

Yes, most California employment is at will, which means an employer can end employment for any lawful reason. An employer cannot fire you for an illegal reason, such as discrimination, retaliation for a complaint or report, taking protected leave, or in breach of a contract.

How long do I have to file an employment claim in California?

It depends on the claim. FEHA discrimination, harassment and retaliation claims generally require a Civil Rights Department complaint within three years and a lawsuit within one year after the right-to-sue notice. Wrongful termination in violation of public policy is generally two years, and retaliation complaints with the Labor Commissioner are one year. Some deadlines are much shorter, so talk to a lawyer promptly.

Should I sign the severance agreement my employer offered?

Not before you understand what you are giving up. Most severance agreements release your legal claims. If you are 40 or older and the agreement releases age claims, federal law generally gives you 21 days to consider it (45 days in a group layoff) and seven days to revoke. Severance terms are often negotiable.

Can I be fired for complaining about harassment or reporting illegal conduct?

No. FEHA prohibits retaliation for complaining about discrimination or harassment, and Labor Code 1102.5 protects employees who report suspected violations of law to a government agency or to someone with authority at work.

How much does an employment lawyer cost?

The consultation is free. Discrimination, harassment, retaliation and wrongful termination claims are commonly handled on contingency, so you pay no attorney’s fees unless we recover for you. Fee options for contract review and severance negotiations are discussed at the start.