California’s Wrongful Termination Statute of Limitations
California employees have a certain amount of time to file their wrongful termination claims. Here’s California’s wrongful termination statute of limitations.
In California, the statute of limitations is two years from the date of wrongful termination, and four years from the date an employment contract was breached. The statute of limitations for breach of implied or oral employment contracts is two years.
What is the Statute of Limitations?
The Statute of Limitations is a legal deadline in which a lawsuit must be filed. If a lawsuit is filed after the statute of limitations, the lawsuit may be rejected. Each state has a different Statute of Limitations.
What is Wrongful Termination?
Wrongful termination is when an employer unjustly discharges an employee. If wrongfully terminated, an employee can sue their employer for lost wages and benefits.
Related: Grounds for a Wrongful Termination Claim in California
Who Can File For Wrongful Termination?
Employees, former employees, and job applicants can all file for wrongful termination against their employer.
Employees are protected from discrimination on the basis of:
- Race
- Age
- Sex
- Gender
- Military/Veteran Status
- Pregnancy
- Criminal Conviction
- Disability
The Statute of Limitation Claims in Wrongful Termination Claims
The statute of limitations for wrongful termination claims is two years from the date of termination. For a breach of contract claim, the statute of limitations is four years from the date the contract was broken. However, if the contract was implied or oral, the statute of limitations is only two years from the date the contract was broken. For personal injury claims, the statute of limitations is two years from the injury or one year from the date of discovered injury.
Related: How to File a Wrongful Termination Lawsuit in California
FAQs About Wrongful Termination Statute of Limitations in California
How long do you have to file a wrongful termination lawsuit in California?
You have 300 days to file a wrongful termination lawsuit from the date of termination if it is a discrimination claim. After filing your claim with the EEOC, file your lawsuit within 90 days of receiving the Notice of Right to Sue.
What constitutes wrongful termination in California?
Wrongful termination occurs when an employer’s termination of an employee violates an employment contract, and/or California or federal employment law.
Where do I file a wrongful termination claim in California?
An intake form can be filed with the Department of Fair Employment and Housing.
Can I sue after the statute of limitations?
No, you can not file to sue after the statute of limitations. However, special circumstances can extend the standard time limit. Each state has different deadlines for different cases.
Can I waive the statute of limitations in a contract?
While it is typically not in the employer’s best interest to waive the statute of limitations, it is possible to do so. In order to waive the statute of limitations, there must be an agreement between both parties along with consideration.
Contact Us
If you or a loved one would like to know more about the wrongful termination statute of limitations in California, get your free consultation with one of our California Wrongful Termination Attorneys! We won’t charge you a dime unless your win your case.