How long you have to file a wrongful termination claim in California varies based on the legal basis for your action. Typically, the statute of limitations for this type of claim ranges from 30 days to four years.
Deadlines for Filing a Wrongful Termination Claim in California
If your wrongful termination claim is based on discrimination or harassment, you may have up to three years to file it. The window for your claim opens the day of your firing. You can file your claim with the Civil Rights Department (CRD).
For a violation of public policy that leads to a wrongful termination, you may have two years to submit your claim. This time frame is defined by California Civil Jury Instructions (CACI) 2430.
If there is a breach of oral contract that results in a wrongful termination, you may have two years to move forward with a claim. Alternatively, for a breach of a written contract, the deadline for filing a claim is generally four years.
Those who believe they are dealing with retaliation may have up to one year to submit a wrongful termination claim. In this situation, you can file your complaint with the Division of Labor Standards Enforcement (DLSE).
For specific federal Occupational Safety and Health Administration (OSHA) whistleblower retaliation claims, you may be subject to a statute of limitations of 30 days from the date of your wrongful termination.
If an employer violates the California Worker Adjustment and Retraining Notification (Cal-WARN) Act by failing to provide notice of a mass layoff, you may have three years to submit a wrongful termination claim.
Factors That Can Determine How Long You Have to File a Wrongful Termination Claim in California
The type of violation, or the “why” behind your wrongful termination claim, can determine the time frame for taking legal action against your employer.
Many violations correspond with a three-year statute of limitations. However, if you’ve been wrongfully terminated for a violation of a public policy or after you report violations under OSHA Section 11(c), you may have less time to file your claim.
The agency that will handle your claim may dictate your timeline. If you submit your claim to the CRD, you may be subject to California’s three-year statute of limitations. Comparatively, if you want to file your claim with the Equal Employment Opportunity Commission (EEOC), you may have up to 300 calendar days to do so.
Some retaliation claims have strict deadlines for reporting. For instance, California Labor Code § 1102.5 limits the time for filing a wrongful termination complaint directly with the state’s Labor Commissioner to six months.
There are times when a wrongful termination is the result of a pattern of harassment or unlawful behavior. At these times, the statute of limitations for filing a claim may be paused or extended. The time frame in which you’re legally permitted to submit a claim may be based on the date of the last incident rather than the first.
Consider the deadline for filing your wrongful termination claim. This deadline may not be extended. If you miss the deadline for submitting a wrongful termination claim, you may be barred from seeking compensation from your employer. At this point, you may have to deal with the ramifications of your termination, with no legal recourse available to you.