California Wrongful Termination Statute of Limitations 2024

Any employee can have a devastating experience due to unjust termination. California has robust employment laws, providing a wealth of protections against discriminatory acts. However, employees must comply with the statute of limitations in order to pursue compensation for wrongful termination. It’s essential to comprehend the California wrongful termination statute of limitations if you would like to protect your rights and pursue justice.

Wrongful Termination: What Is It?

When a worker is let go or fired for unlawful reasons—like discrimination, retribution, or contract violations—it is known as wrongful termination. The norm in California is at-will employment, which permits an employer to fire an employee for any reason—or for no reason at all—as long as it’s not against the law.

Firing someone for a protected characteristic such as race, gender, age, handicap, or sexual orientation is illegal. It also covers firing someone in reprisal for disclosing unlawful activity, acting as a whistleblower, or declining to commit crimes.

California Wrongful Termination Statute of Limitations

The term “statute of limitations” describes the amount of time an employee has following a wrongful termination to bring a claim. The wrongful termination statute of limitations in California varies depending on the type of claim.

• Claims for Retaliation or Discrimination Under the FEHA: The principal legislation safeguarding workers from discrimination, harassment, and retaliation is the California Fair Employment and Housing Act (FEHA). In accordance with FEHA, an employee has three years from the day of the wrongful termination or the act giving rise to the claim to submit a complaint with the California Department of Fair Employment and Housing (DFEH).The employee has one year from the time of filing with the DFEH to launch a claim in court when the DFEH sends them a “right-to-sue” notice.
• Violation of the Agreement: The statute of limitations varies depending on whether the employment contract was oral or written and how the wrongful termination was caused by a breach. The statute of limitations for written contracts is four years. It is two years for contracts that are oral.
• Whistleblower Retaliation Claims: Under California’s Whistleblower Protection Act, employees who are unlawfully fired for disclosing criminal activity to the proper authorities have two years to submit a claim.

Within 180 days of the unlawful termination, employees must submit a charge to the Equal Employment Opportunity Commission (EEOC). If the charge is also covered by state or municipal anti-discrimination legislation, this deadline may be extended to 300 days. The employee has ninety days from the time of the EEOC’s right-to-sue letter to bring a case in federal court.

The Value of Prompt Action

Fulfilling the statute of limitations is essential since, in most cases, it results in the loss of the ability to pursue legal remedies if a claim is not filed within the allotted period. These deadlines are severely enforced by the courts, and failing to meet one could lead to your case being dismissed.

Even if you believe you have a considerable amount of time to file, it is recommended that you file as soon as possible. This will allow extra time in case any factors arise that could delay your process.

Exceptions and Extensions to the Statute of Limitations

Although the statute of limitations establishes a strict deadline, there are specific situations in which it can be extended.

In some cases, if the employee was prohibited from bringing a claim because of extraordinary circumstances, including a serious sickness or deceptive activities on the part of the employer, the statute of limitations may be paused. Equitable tolling is used on an individual basis, and it is not guaranteed.

The statute of limitations may also be extended to cover the whole period of misconduct, not just the day of termination, if the wrongful termination is part of a continuous pattern of illegal action by the employer, such as continued harassment or forms of discrimination.

The statute of limitations may begin to run on the day of discovery in situations where the employee could not have reasonably been expected to learn about the wrongful nature of the termination until much later. This is known as the Discovery Rule.

FAQs

Q: Is There a Statute of Limitations on Wrongful Termination in California?

A: Yes, there are certain statutes of limitations for claims of wrongful termination in California. The deadline varies according to the kind of claim. For instance, claims for discrimination under the Fair Employment and Housing Act (FEHA) have a statute of limitations equaling three years; meanwhile, claims for breach of contract, depending on whether the agreement was oral or in writing, have a statute of limitations between two and four years.

Q: Is It Hard to Prove Wrongful Termination in California?

A: In California, it can be hard to prove wrongful termination because you have to show that the firing happened for an illegal reason, like discrimination, revenge, or breach of contract. To back up their claims, employees need strong proof, like written records, witness statements, or trends of behavior. Employers will likely not make it easy for you to find proof. Therefore, an attorney can be of great assistance in acquiring the necessary evidence.

Q: How Long Do I Have to Sue a Former Employer in California?

A: In California, the amount of time you have to file a claim against a former boss depends on the type of wrongful termination claim you have. For instance, you have three years to make a discrimination claim with the Department of Fair Employment and Housing (DFEH). After getting a right-to-sue notice, you have one year to file a claim. Claimants for breach of contract have between two and four years to file their case.

Q: What Is the Typical Settlement for Wrongful Termination in California?

A: The size of a settlement that can be paid for wrongful termination in California depends on many things, like lost wages, benefits, mental distress, and even punitive damages. Settlements can be anywhere from a few thousand dollars to millions of dollars, contingent on the details of the case and what the employer did. Talking to a lawyer can help you identify how much you might be able to receive based on similar situations and how strong your evidence is.

Contact The Law Office of Frank S. Clowney III

If you have been wrongfully terminated at work, The Law Office of Frank S. Clowney III can help. Contact us today to speak to a representative.