California layoffs / FM Restaurants HQ, LLC
FM Restaurants HQ, LLC California Layoffs 2026: What Employees Should Know
FM Restaurants HQ, LLC has 3 layoff notices on file with California's Employment Development Department (EDD) under the state's Worker Adjustment and Retraining Notification (WARN) Act, covering 148 jobs in Orange County. That is what the state has published since July 2025, not an all-time total. If you were one of them, here is what the filing says, how much notice the law asks for, and what to look at before you sign anything.
Updated
What the filing says
These are the details as FM Restaurants HQ, LLCreported them to the state. The EDD publishes every notice, and these figures come from the state's report as retrieved on Aug 13, 2026.
| Location | County | Notice given | Jobs end | Workers | Type |
|---|---|---|---|---|---|
| Cypress | Orange County | Apr 17, 2026 | Apr 19, 2026 | 49 | Closure Permanent |
| Cypress | Orange County | Apr 26, 2026 | Apr 30, 2026 | 43 | Closure Permanent |
| Irvine | Orange County | May 6, 2026 | Jun 10, 2026 | 56 | Closure Permanent |
How much notice the law requires
California's WARN Act requires 60 days of advance written notice before a covered mass layoff, and its only statutory exception is a physical calamity or an act of war — far narrower than federal law's three. Who is covered and how the thresholds are counted is in our California WARN Act guide.
What this filing shows
The shortest gap in these filings is 2 calendar days between the notice date and the date the jobs end. That is less than the 60 days the statute describes.
In dates: counting 60 days back from the Apr 19, 2026 last day of work lands on Feb 18, 2026, and that notice is dated Apr 17, 2026.
This is a fact drawn from the public filing, not a conclusion that anyone broke the law. The date an employer records is not always the date workers were told, employers of different sizes are covered differently, and exceptions can apply. Whether it means anything in your case is exactly what a free consultation sorts out.
FM Restaurants HQ severance: what to check before you sign
A severance offer is not the notice pay the WARN Act describes. Severance you were already promised — in a contract, a handbook, or a union agreement — cannot be used to satisfy that obligation, though Labor Code section 1402 does let an employer reduce a back-pay award by voluntary payments it was never required to make. A release may also give up more than you expect. Justin reviews severance agreements before workers sign. What to check before you decide is in our full guide to the California WARN Act.
Two things worth doing this week either way. File for unemployment now — WARN money does not reduce it, and the filings here run through Jun 10, 2026, so you do not have to wait for your last day. And keep every document, including the notice itself and anything showing when it arrived.
Free case review
Were you part of the FM Restaurants HQ layoff?
Before you sign anything, have the paperwork read. Justin reviews severance offers and WARN notices for free, responds personally, and if there is no recovery you owe no fee.
What your notice was required to include
Timing is only half of what Labor Code section 1401 asks for. The notice itself has to contain specific things, and California added most of this list for notices issued on or after January 1, 2026. Every notice on this page falls after that date. If you kept your copy, read it against the full six-item checklist in our WARN Act guide — everything federal law requires, whether transition help is being coordinated, working contact details for your workforce board and for the employer itself, and CalFresh information.
Source: Labor Code section 1401, as amended by SB 617, effective January 1, 2026. A notice missing something from that list is not automatically a violation with a remedy attached — whether a gap matters depends on the employer, the action, and what else happened.
Questions people are asking
What is the FM Restaurants HQ severance package?
The WARN notice FM Restaurants HQ filed with the state does not list severance terms, and we do not publish any employer's package. A WARN notice reports how many jobs end, where, and when. Severance is a separate contract offered at the employer's discretion. California law does not require it, and an employer cannot use contractual severance to satisfy what the WARN Act requires, so being offered a package does not by itself answer whether notice pay is also owed. If you have an offer in hand, the terms in front of you are the ones that matter, and they are worth reading closely before the deadline on them runs.
Am I owed severance from FM Restaurants HQ, LLC?
California law does not require severance on its own, and a severance offer is a separate thing from WARN pay. An employer cannot use contractual severance to satisfy its WARN obligation, so being offered a package does not answer whether notice pay is also owed.
Does taking the severance reduce what I could recover?
It depends on why the money is being paid. Severance the employer was already obligated to provide — under a contract, a policy, a benefit plan, or a union agreement — cannot be set against what the WARN Act requires. A payment that is genuinely voluntary and unconditional, one the employer had no legal obligation to make, can reduce that liability. Wages for work you actually performed during the notice period are not voluntary severance at all. Which category FM Restaurants HQ's offer falls into is a question about the document in front of you, not about the layoff, and it is one of the better reasons to have the paperwork read before the deadline on it runs.
Does it matter that this was filed as a closure?
It can. California's WARN Act covers a closure, a mass layoff, and a relocation, and the thresholds are not identical. A closure means the site itself is shutting down rather than shedding part of its staff, which can change who is counted and whether the statute applies at all. It also tends to mean there is no role to be recalled to.
Why do co-workers have different last days?
The filings here list 3 separate last days of work. Employers commonly stagger a reduction so some functions run longer than others. Your own notice period is measured against your date, not the earliest one in the filing, so two people at the same employer can be in genuinely different positions.
What if I did not get 60 days of notice?
California's WARN Act requires 60 days of advance written notice before a covered mass layoff, and its only statutory exception is a physical calamity or an act of war. That is far narrower than federal law, which has three exceptions. The shortest gap in these filings is 2 days, which is 58 short of 60. That is arithmetic on two published dates and not a finding that anyone broke the law: the recorded date is not always the date workers were told, and coverage depends on the employer's size and how many people were let go.
Can I still collect unemployment?
Yes. Under Labor Code section 1407, WARN-related payments are not treated as wages for unemployment purposes, so they cannot be used to deny or reduce your benefits in California. You do not have to wait for your last day — the filings here run through Jun 10, 2026 — and filing early is generally better than filing late.
Does taking a new job hurt my claim?
No. Wages you earn at a new job during the notice period do not reduce what FM Restaurants HQ may owe under WARN. That holds even if you start before Jun 10, 2026, the last day of work in these filings. You do not need to delay a job search to protect a claim.
How long do I have to act?
Generally three years. The federal WARN Act sets no limitations period of its own, so courts borrow the closest state deadline, which in California is the three-year period for a liability created by statute. The clock starts when you suffer an employment loss, not when the notice went out. Measured from the last day of work in these filings, Jun 10, 2026, three years runs to about Jun 10, 2029. If this was a layoff rather than an outright termination, the loss may not count until the layoff has lasted more than six months, which can start the clock later still. Treat all of it as an outer edge rather than a plan. Other claims arising from the same layoff run much shorter, and a severance offer usually carries its own deadline measured in days.
Where a layoff can raise a legal question
A layoff is lawful on its own, and nothing below is a statement about FM Restaurants HQ. These are the places California law can still come into play, depending on the facts of your own situation.
- The severance you were asked to signA release can give up claims you did not know you had, and the terms are sometimes negotiable.
- How you were selectedA reduction in force still cannot be used to cut someone for a protected reason such as age, disability, pregnancy, or a complaint they made.
- Your final paycheckCalifornia sets when final wages are due at termination, and unpaid time or accrued vacation can carry penalties on top of the wages.
- The length of the notice periodWhere a notice period turns out to fall short of what the law required, the question usually belongs to everyone in the same position rather than to one person.
General information about California law, not legal advice, and reading it does not create an attorney-client relationship.
What has been reported
Press coverage of this layoff, summarized and attributed. This is reporting rather than the filing itself, and we did not independently verify it.
The Irvine filing matches the El Torito restaurant at 18512 MacArthur Boulevard. Patch, citing the Orange County Register, reported that the decades-old El Torito on MacArthur Boulevard in Irvine closed, with a last day of service of May 30, 2026; the restaurant had opened in the 1980s in a former Casa Maria space.
TheStreet reported that the Irvine closure continued a long contraction at El Torito, which is owned by Xperience Restaurant Group (XRG) and is down to about 21 locations after once operating 187 restaurants in 25 states. Citing the Orange County Register, TheStreet noted the chain had closed longtime Orange County locations in Dana Point, Laguna Hills, Orange, Westminster and Tustin over the past three years.
Sources: Patch (opens in a new tab)TheStreet via Yahoo Finance (opens in a new tab)
What the numbers show
- The filings name 2 locations: Cypress and Irvine.
- They cover 2 separate addresses rather than a single site, so co-workers at different locations may have received different dates.
- Every notice is filed as a closure rather than a partial reduction, meaning the sites themselves are shutting down.
- The jobs do not all end on the same day. The filings list 3 separate last days of work, running from April 19, 2026 to June 10, 2026.
- The shortest gap between notice and last day here is 2 days, against a statewide median of 61 days across every notice on file.
- By headcount it sits in the top 25% of the 599 employer layoffs tracked here.
- The 148 workers leaving FM Restaurants HQ, LLC re-enter a job market where Orange County unemployment stood at 4.1% in June 2026, below the 5.2% statewide rate (Bureau of Labor Statistics, not seasonally adjusted).
- The filings came in waves: 2 notices in April 2026 covering 92 jobs, then one notice in May 2026 covering 56 jobs.
These are counts and comparisons drawn from the published filings, not findings about FM Restaurants HQ.
Free job-search help near the affected sites
America's Job Center of California is the state's no-cost network for laid-off workers: help filing and keeping unemployment benefits, federally funded retraining, and résumé and interview coaching. Your WARN notice may name one; these are the closest to the sites in these filings.
11206 Lexington Drive, Los Alamitos, CA 90720 · 866-500-6587
Affiliate center (partial services)about 2.5 miles from the Cypress site
Orange County Workforce Solutions Center- Mobile Unit - (opens in a new tab)
1300 S. Grand Avenue, Santa Ana, CA 92705 · 866-500-6587
Affiliate center (partial services)about 3.8 miles from the Irvine site
Locations and hours change — confirm before visiting, or find another center with the EDD's center locator (opens in a new tab). Directory: U.S. Department of Labor, Jul 31, 2026; distances are straight-line from the address in the filing.
Other layoffs filed in Orange County around the same time
64 employers have WARN notices on file in Orange County, covering 7,189 workers. These filed within about a quarter of this one.
- Foreside Home Care & Nursing300 workers
- Supernal, LLC296 workers
- Saks & Company LLC231 workers
- Crittenton144 workers
- De La Pena Eye Clinic136 workers
- Anaheim Transportation Network132 workers
Listed because they appear in the same county in the same public data. No connection between these employers is implied.
California wage claims filed against FM Restaurants HQ
California employers face claims under the Private Attorneys General Act (PAGA), which lets an employee sue for civil penalties over Labor Code violations on behalf of the state. The state publishes every filing. 6 PAGA cases naming this employer are on that record, including the settlements below.
These are outcomes in other people’s cases, obtained by other lawyers, taken from the state’s public filing record. They are not results of this firm, and past results do not guarantee a similar outcome. What any individual recovers depends on their own hours, pay records, and dates.
Proposed settlement · 2021
$750,000
Current and former non-exempt employees of a California restaurant chain will receive payments from a $750,000 settlement to resolve claims for civil penalties under the Private Attorneys General Act. The settlement alleges violations including failure to pay minimum wages, overtime, meal and rest breaks, and provide accurate wage statements. The defendant denies all claims and the settlement is not an admission of liability. The settlement requires court approval.
Covered all current and former non-exempt employees who worked in a Covered Position during the PAGA Period. The settlement resolved PAGA civil penalties only.
- Attorneys' fees
- $250,000
- To the state (LWDA)
- $349,875
Superior Court of the State of California, for the County of Orange, Civil Complex Center · 30-2020-01126373-CU-OE-CJC · FM Restaurants HQ denied liability; a settlement is not an admission.
A PAGA case is not a class action, and there is nothing to opt out of. A PAGA settlement resolves civil penalties owed to the state — most of which the state keeps — and it does not necessarily resolve your own unpaid wages, missed break premiums, or final-paycheck penalties. If you worked here and were not paid correctly, that is a separate question worth asking about. How California wage claims work.
Key points
Each point is explained and sourced above · Verified August 13, 2026
Key points from FM Restaurants HQ, LLC California layoffs 2026, verified as of August 13, 2026
Workers affected · Orange County · published since July 2025
148
CA EDD WARN report
Notices filed · California · published July 2025 to August 2026
3
CA EDD WARN report
Jobs end · As filed
Jun 10, 2026
CA EDD WARN report
Days between notice and last day · Arithmetic on two published dates
2 calendar days
CA EDD WARN report
Approximate outer claim deadline · 3 years from the last day of work — an outer edge, other claims run shorter
About Jun 10, 2029
Code Civ. Proc. § 338(a)
Orange County unemployment rate · vs 5.2% statewide, not seasonally adjusted
4.1% (June 2026)
BLS Local Area Unemployment Statistics
Notice California law describes · California
60 days before a covered mass layoff
Lab. Code § 1401
Available exceptions · California
Physical calamity or act of war only
Lab. Code § 1401
Cite this page
You are welcome to quote or cite this page. Copy a reference below, or read our citation guidelines for other formats and for how we source what we publish.
APA
Law Offices of Justin Silverman, APC. (2026). FM Restaurants HQ, LLC California Layoffs 2026. https://www.jsilvermanlaw.com/layoffs/fm-restaurants-hq/
Inline HTML attribution
According to <a href="https://www.jsilvermanlaw.com/layoffs/fm-restaurants-hq/">Law Offices of Justin Silverman, APC</a>, ...
Were you part of the FM Restaurants HQ layoff?
Tell me what you were told and when. The review is free.