Wrongful termination is a complex legal issue, and employees in California must navigate specific rules and deadlines to protect their rights. One of the most critical aspects of wrongful termination cases is understanding the statute of limitations, which determines how long you have to file a claim after being wrongfully terminated. In this blog, we’ll break down the statute of limitations for wrongful termination in California, the factors affecting claims, and what steps you can take to seek justice.
What Is the Statute of Limitations for Wrongful Termination in California?
The statute of limitations refers to the time limit within which a person must file a legal claim. In California, the statute of limitations for wrongful termination varies depending on the type of claim and the specific legal basis for the termination.
General Wrongful Termination Claims
The statute of limitations for wrongful termination under California state law is typically 2 years from the date of termination. This applies to cases involving wrongful termination in violation of public policy. For claims related to emotional distress or other personal damages arising from the termination, the same 2-year limit applies.
FEHA Claims (Fair Employment and Housing Act)
Under the California Fair Employment and Housing Act (FEHA), employees must file a complaint with the Department of Fair Employment and Housing (DFEH) within 3 years of the alleged wrongful termination. After obtaining a “right-to-sue” notice from DFEH, the employee has 1 year to file a lawsuit.
Retaliation and Harassment Claims
For cases involving Retaliation Lawyers California or harassment, the statute of limitations is also governed by FEHA and follows the same timeline: 3 years to file with DFEH and 1 year to file a lawsuit.
Statute of Limitations for Employment Claims
In cases involving unpaid wages or other labor code violations tied to wrongful termination, the statute of limitations may extend up to 3 or 4 years, depending on the nature of the claim
You can also read: Unemployment Benefits in California in 2024
Wrongful Termination in Violation of Public Policy
A wrongful termination claim in violation of public policy occurs when an employer terminates an employee for reasons that go against public interest, such as retaliation for whistleblowing or refusing to engage in illegal activities.
- The statute of limitations for these cases is 2 years from the date of termination.
- How Long Do You Have to Sue for Wrongful Termination?
- If you believe you’ve been wrongfully terminated, the time you have to sue depends on the type of claim:
FEHA Claims: File with DFEH within 3 years.
Public Policy Violation Claims: 2 years.
Federal Claims: Deadlines may differ and often require filing with the Equal Employment Opportunity Commission (EEOC) within 180 or 300 days, depending on the claim
Steps to File a Wrongful Termination Claim in California
- Determine the Basis for Your Claim Identify whether your wrongful termination involves retaliation, harassment, discrimination, or a violation of public policy.
- File a Complaint with the Appropriate Agency File a claim with DFEH or EEOC if the termination involves discrimination, retaliation, or harassment
- Consult an Employment Lawyer A legal expert can guide you through the process, ensure deadlines are met, and help you secure the best possible outcome.
- File a Lawsuit Once you have your “right-to-sue” notice, you can proceed with filing your lawsuit in a California court
How Long Do Wrongful Termination Cases Take?
Wrongful termination cases can take several months to a few years, depending on the complexity of the claim, court backlog, and settlement negotiations. On average:
- Cases that settle out of court may conclude within 6 months to 1 year.
- Cases that proceed to trial may take 1-3 years or longer.
- Average Wrongful Termination Settlements in California
The average settlement for wrongful termination cases in California varies widely, often ranging between $5,000 and $100,000. High-profile cases or claims involving egregious misconduct by the employer can result in much larger payouts
Retaliation, Harassment, and FEHA Statute of Limitations
Retaliation claims are common in wrongful termination lawsuits. Under California law:
- The statute of limitations for retaliation claims is governed by FEHA, with a 3-year limit to file a complaint.
- Harassment claims follow the same timeline as retaliation claims.
FAQs
The statute of limitations depends on the type of claim: 2 years for public policy violations and 3 years for FEHA claims.
After receiving a “right-to-sue” notice from DFEH, you have 1 year to file a lawsuit.
Missing the statute of limitations could result in your claim being dismissed. Always act promptly and consult an attorney.
Yes, some wrongful termination cases involve multiple claims, such as discrimination, retaliation, and wage violations.
Conclusion
Understanding the statute of limitations for wrongful termination in California is critical to protecting your rights as an employee. Acting within the legal deadlines and consulting with an experienced attorney can make all the difference in achieving a successful outcome. If you suspect your termination was unlawful, don’t delay—file your claim promptly and explore your legal options. By addressing the nuances of the statute of limitations and wrongful termination, this guide ensures you’re well-prepared to take the next steps.
ICONIER Digital Agency