Do Not Miss the Deadlines California’s Statute of Limitations for Employment Claims

Many employees who experience mistreatment at work often do not recognize that they have a limited amount of time in which they can pursue legal claims. If one waits too long, they risk missing out on securing compensation or holding liable parties accountable. The statute of limitations in California ranges from one to four years, depending on the situation. Understanding the statute of limitations for your specific case is imperative to ensure that you can enforce your legal rights. Below, we discuss the various time frames during which you must file your employment claims.

What is a Statute of Limitations?

A statute of limitations refers to the deadline for filing legal claims, typically starting from when you experienced the wrongful conduct. Every claim has its specific statute of limitations. If you wish to take legal action against an individual or entity, acting within this time limit is essential, as failing to do so means forfeiting the right to pursue the claim. As such, understanding the time limit that applies to your case is critical. It is advisable to consult an employment lawyer to clarify the applicable deadlines for your unique situation and help ensure you file your claim on time.

Wrongful Termination Claims

In California, the statute of limitations for wrongful termination is two years for public policy violations and three years for Fair Employment and Housing Act (FEHA) violations, Worker Adjustment and Retraining Notification (WARN) Act violations, or Whistleblower retaliation. If your employer breaches your written employment contract, you have a four-year statute of limitations to act, and if it is an implied contract, you have two years. It is best to consult an attorney about which statute of limitation applies to your claim. 

Workplace Harassment or Discrimination Claims

Discrimination and harassment based on identity traits are prohibited under California’s FEHA. If you witness or experience such behavior, you can report it to the California Civil Rights Department (CRD). You have up to three years to file complaints about discrimination, harassment, and retaliation for reporting such misconduct. However, before filing a lawsuit for discrimination or harassment, you must submit an administrative complaint to the CRD within three years for employment cases. Once the CRD processes the claim and issues a right-to-sue letter, you have one year to file a lawsuit.

Wage and Hour Claims

If you are seeking to recover unpaid wages, overtime, or missed meal and rest breaks, you typically have up to three years from the date of the violation to file a lawsuit. For pay disparity claims, where you allege unequal pay for substantially similar work based on gender, race, or ethnicity, the statute of limitations is two to three years.

Sexual Harassment Claims

Sexual harassment claims generally must be filed within three years of the alleged incident. However, incidents before January 2020 may still have the previous one-year limit. Like discrimination claims, employees must first submit a complaint to the California CRD within this three-year time frame. Once the CRD processes the complaint, you have one year to file a lawsuit.

Consult an Experienced Employment Law Attorney in California

The best option is to consult an experienced employment law attorney as soon as workplace misconduct happens so that you can meet critical deadlines and protect your rights. While you may have time to file your claim, acting promptly is essential to preserve evidence, build a strong case, and maximize your chances of securing fair compensation.

Contact a California Employment Lawyer Today

If you have an employment-related claim, contact a California employment lawyer to discuss your situation and legal options.