If you’ve been terminated from your job in California under circumstances you believe were illegal, understanding the deadlines for taking legal action is critical.
At Malk Law Firm, we regularly represent employees who have been wrongfully terminated, and one of the most common questions we receive is: “How long do I have to file a wrongful termination lawsuit?”
The answer depends on several factors, including the legal basis for your claim. Missing these deadlines can permanently bar you from seeking justice, so it’s essential to act promptly after experiencing wrongful termination.
How California Wrongful Termination Claims Work
California is an “at-will” employment state, meaning employers can generally terminate employees for any lawful reason or no reason at all. However, termination becomes “wrongful” when it violates:
- Anti-discrimination laws
- Public policy
- Employment contracts
- Whistleblower protections
- Other statutory protections
Each type of wrongful termination claim has different filing deadlines, also known as “statutes of limitations.”
Discrimination-Based Wrongful Termination Deadlines
If your termination was based on discrimination due to protected characteristics (race, color, national origin, ancestry, religion, age, disability, medical condition, genetic information, sex, gender, gender identity, gender expression, sexual orientation, marital status, military/veteran status), you must follow specific administrative procedures before filing a lawsuit.
Filing with the California Civil Rights Department (CRD)
Before filing a lawsuit for discrimination-based wrongful termination, you must first file a complaint with the California Civil Rights Department (CRD, formerly DFEH) or the federal Equal Employment Opportunity Commission (EEOC).
- Deadline: 3 years from the date of the wrongful termination to file with the CRD.
- Deadline: 300 days from the termination to file with the EEOC (in California).
After filing with either agency, you must obtain a “Right to Sue” notice before proceeding to court.
Filing a Lawsuit After Receiving a Right to Sue Notice
- Deadline: 1 year from the date the CRD issues a “Right to Sue” notice.
- Deadline: 90 days from the date the EEOC issues a “Right to Sue” notice.
Breach of Contract Wrongful Termination Deadlines
If your termination violated a written employment contract:
- Deadline: 4 years from the date of termination to file a lawsuit.
If your termination violated an oral contract:
- Deadline: 2 years from the date of termination to file a lawsuit.
Public Policy Violation Deadlines
If you were terminated for refusing to violate a law, performing a legal obligation, exercising a legal right, or reporting illegal activity:
- Deadline: 2 years from the date of termination to file a lawsuit.
Labor Code Violation Deadlines
If your termination violated specific Labor Code provisions:
- Deadline: Generally 3 years from the date of termination.
For wage-related claims that led to termination, you may need to file with the Labor Commissioner’s Office first.
Whistleblower Retaliation Deadlines
If you were terminated for reporting violations of state or federal laws to a government agency or supervisor:
- Deadline: 3 years under California Labor Code Section 1102.5.
For specific whistleblower statutes:
- Sarbanes-Oxley Act: 180 days to file with the Department of Labor
- False Claims Act: Varies based on specific circumstances
- California False Claims Act: 3 years
FMLA/CFRA Violations
If you were terminated for taking protected family or medical leave:
- Deadline: 2 years from the date of the violation (3 years for willful violations).
Factors That May Affect Filing Deadlines
Several factors can impact these deadlines:
Continuing Violations Doctrine
When discriminatory conduct is ongoing, the statute of limitations may not begin until the last act of discrimination occurs.
Discovery Rule
In some cases, if you couldn’t reasonably discover the wrongful nature of your termination until later, the deadline may be extended from the date of discovery.
Tolling Agreements
In some instances, you and your former employer might agree to extend deadlines while attempting to resolve the dispute.
COVID-19 Extensions
During the pandemic, some filing deadlines were temporarily extended. Always verify current deadlines as these extensions may no longer apply.
Why So Important to Act Quickly
Even though some deadlines may seem generous, we recommend acting promptly for several reasons:
- Evidence preservation: Witnesses’ memories fade, documents may be lost, and electronic evidence might be deleted over time.
- Stronger case building: Early consultation with an attorney allows for more thorough investigation and case preparation.
- Mitigation of damages: Employment law requires terminated employees to make reasonable efforts to find new employment. Documenting these efforts from the beginning strengthens your case.
- Administrative requirements: Many claims require filing with government agencies before proceeding to court, adding extra time to the process.
Steps to Take If You’ve Been Wrongfully Terminated
- Document everything: Keep copies of termination notices, performance reviews, emails, texts, and other communications related to your employment and termination.
- Consult with an employment attorney: An experienced employment lawyer can evaluate your situation and determine which deadlines apply to your specific case.
- File administrative complaints: If required, file with the appropriate government agency within the specified timeframe.
- Preserve evidence: Save all communications with your employer, including emails, texts, and documents related to your termination.
- Document your job search: Keep records of your efforts to find new employment to demonstrate mitigation of damages.
Seek Legal Guidance at Malk Law Firm
Wrongful termination cases involve complex legal concepts and strict deadlines. At Malk Law Firm, our employment attorneys have extensive experience representing California employees in wrongful termination matters. We can help you navigate the complex filing requirements and deadlines to protect your rights.
If you believe you’ve been wrongfully terminated, don’t delay—contact Malk Law Firm today for a confidential consultation.
