How Long Do I Have to File a Wrongful Termination Lawsuit in California?

Have you recently been terminated from your job in California under circumstances that seem suspicious or outright illegal? You may be wondering if you have grounds for a wrongful termination lawsuit and how long you have to take legal action.

The employment law attorneys at TONG LAW are here to explain the key facts you need to know about wrongful termination statutes of limitations in California.

What Is Wrongful Termination?

In California, employment is generally considered “at-will,” meaning an employer can fire a worker at any time for almost any reason. However, there are several important exceptions that make a termination illegal.

Some common examples of wrongful termination include:

• Discrimination: Being fired due to your race, gender, age, disability, sexual orientation, or other protected characteristic
• Retaliation: Being fired for engaging in legally protected activities, such as reporting discrimination or harassment, requesting accommodations for a disability, taking protected leave, or blowing the whistle on illegal conduct
• Breach of Contract: Being fired in violation of the terms of an employment contract
• Violation of Public Policy: Being fired for reasons that violate fundamental public policies of the state, such as refusing to break the law at your employer’s request

If you were terminated for one of these unlawful reasons, you may have a valid claim for wrongful termination. However, you’ll need to act quickly to preserve your rights.

Statutes of Limitations for Common Wrongful Termination Claims in California

The statute of limitations for a wrongful termination lawsuit in California depends on the specific basis of your claim.

Here are the most common deadlines you need to be aware of:

• Wrongful termination in violation of public policy: 2 years from the date of termination
• Wrongful termination based on breach of an implied contract: 2 years from the date of termination
• Termination in violation of the Fair Employment and Housing Act (FEHA), including discrimination and retaliation: 3 years from the date of termination to file an administrative complaint with the California Civil Rights Department (CRD), plus 1 year to file a lawsuit after obtaining a right-to-sue notice from the CRD
• Termination in violation of the California Worker Adjustment and Retraining Notification (WARN) Act: 3 years from the date of termination
• Termination in retaliation for whistleblowing under California Labor Code Section 1102.5: 3 years from the date of termination

For certain claims, such as those involving violations of federal employment laws, you may need to file an administrative complaint with a government agency before you can bring a lawsuit in court.

For example, for discrimination claims under Title VII of the Civil Rights Act, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the termination, then file a lawsuit within 90 days of receiving a right-to-sue letter from the EEOC.

These varying deadlines can be confusing, and figuring out which one applies to your specific situation can be tricky. That’s why it’s so important to consult with an experienced employment lawyer as soon as possible after being wrongfully terminated. An attorney can help you understand your rights, determine the appropriate statute of limitations, and ensure you meet all necessary deadlines to protect your claims.

What If I Miss the Statute of Limitations?

If you try to file a wrongful termination lawsuit after the applicable statute of limitations has expired, the court will almost certainly dismiss your case, regardless of how strong your claim may be. There are very few exceptions to the statutes of limitations, so it’s critical not to delay pursuing your rights.

While the statutes of limitations for most wrongful termination claims in California are measured in years, not days or weeks, it’s still essential to consult an employment attorney as quickly as possible after being illegally fired.

The strength of your case can diminish with the passage of time as evidence becomes harder to obtain, witnesses’ memories fade, and your damages continue to mount. The sooner you have an experienced advocate on your side, the better your chances of recovering the full compensation you deserve.

What Damages Can I Recover in a Wrongful Termination Lawsuit?

A successful wrongful termination claim can provide significant relief, including:

• Back pay: The wages and benefits you lost from the time of your termination until the lawsuit is resolved
• Front pay: Compensation for future lost wages and benefits, if reinstatement to your job isn’t feasible
• Emotional distress damages: Compensation for the mental anguish and suffering caused by the illegal termination
• Punitive damages: Additional damages meant to punish the employer for particularly egregious or malicious conduct
• Attorney’s fees and costs: Reimbursement for the expenses of pursuing your legal claim

An experienced employment lawyer can assess your case and give you a realistic idea of the compensation you may be entitled to.

Get Help with Your California Wrongful Termination Claim

If you’ve been wrongfully terminated in California, you don’t have to fight for your rights alone. The dedicated employment attorneys at TONG LAW are here to help. We have a proven track record of successfully advocating for employees in wrongful termination cases, recovering substantial settlements and verdicts.

Don’t let the statute of limitations expire on your wrongful termination claim. Contact us today for a confidential consultation. We’ll review your case, answer your questions, and discuss how we can help you get the justice and compensation you deserve.