As an employment attorney, I've seen the consequences of overlooking statutory deadlines. It can lead to the loss of the right to seek justice. Below we’ll clarify these essential timeframes, equipping you with the knowledge to ensure that if you are wrongfully terminated in California, you do not miss the deadline to bring a claim.
The statute of limitations for bringing a wrongful termination claim in California is generally either two or three years, depending on the law under which the claim is brought. For breach of contract or public policy violations, the statute of limitations is two years but, for claims brought under the Fair Employment and Housing Act (FEHA), the Worker Adjustment and Retraining Notification (WARN) Act, and certain whistleblower retaliation laws, the statute of limitations is three years.
In terms of the start date for these time limits, generally, the clock begins ticking on the date of termination. However, in certain situations, such as discovering a violation after the fact, the start date may shift accordingly.
In California, wrongful termination under an implied employment contract occurs when an employer dismisses an employee in violation of an unwritten agreement suggesting job security unless there is just cause for termination. This concept counters the "at-will" employment principle, allowing termination of the employment relationship by the employer or by the employee for any reason, absent a specific contract or law to the contrary.
“Implied employment” contracts are not written but are inferred from the employer's actions, assurances, company policies, the employee's tenure, or industry norms, creating an expectation of continued employment. To claim wrongful termination, an employee must show evidence of these implied assurances.
Legal recourse for breach of an implied contract includes seeking damages for lost wages and potential future earnings, minus what the employee could earn in similar employment. The deadline to file a claim is two years from the termination date, highlighting the importance of prompt action.
Wrongful termination under the public policy exception to “at-will” employment in California involves firing an employee for reasons that violate fundamental societal norms and legal principles. This exception to at-will employment includes termination for:
The public policy exception is a critical safeguard ensuring that employees can act in accordance with the law and societal values without fear of losing their jobs. The statute of limitations for these claims is typically two years from the date of termination.
FEHA claims which address workplace discrimination and harassment, allow for a three-year window to file. This act is significant in California's employment law, offering broad protections against discrimination based on:
If wrongful termination occurs under these grounds, the employee has up to three years from the incident to initiate a claim. FEHA claims begin with filing a claim with the California Civil Rights Department (CRD), which was formerly called the Department of Fair Employment and Housing (DFEH).
Before pursuing a lawsuit for a FEHA claim, you must first file an administrative complaint. This process involves several key steps:
The CA WARN Act specifically deals with cases involving mass layoffs, relocations or plant closures. Here, the statute of limitations is also set at three years. This act mandates that employers provide sufficient notice to employees in situations of significant workplace changes, including large-scale layoffs. Key aspects of the WARN Act include:
The CA WARN Act largely mirrors the Federal WARN Act, although the CA WARN Act provides greater protections for workers. Be sure to consult with an employment attorney to confirm whether the state and/or federal law may apply to your situation.
Failure to comply with these requirements can lead to wrongful termination claims.
Whistleblower retaliation claims in California also have a three-year statute of limitations. Several whistleblower laws include protection for employees who report illegal activities or violations within their company from retaliatory actions, including wrongful termination. For example, employees are protected from retaliation if they blow the whistle regarding wage and hour violation, health and safety violations, violations of FEHA (discussed above), fraud on the government, among others. Key protections for whistleblowers include:
Employees terminated under such circumstances have a three-year period to file their lawsuit.
While FEHA claims necessitate filing with the CRD, CA WARN Act violations and whistleblower retaliation claims have their own procedures:
The regulations overseen by the Equal Employment Opportunity Commission (EEOC), with the exception of the Equal Pay Act, mandate that an individual must submit a charge of discrimination before pursuing a lawsuit for unlawful discrimination. The timeframe to file this charge is subject to strict deadlines.
Time Limits for Filing a Charge:
The duration within which you must file a charge depends on the location of the alleged discrimination. Typically, you have 180 calendar days from the incident to file a charge. However, this deadline extends to 300 calendar days if a state or local entity enforces a law against employment discrimination on similar grounds (e.g., FEHA in California). Age discrimination charges follow a nuanced rule: the 300-day extension applies only if a state law, enforced by a state agency, prohibits age discrimination in employment. This extension does not apply under local laws against age discrimination.
The table below is a quick-view summary of the specific timeframes for filing wrongful termination claims in California, categorized by the nature of each claim.
| Case Type | Statute of Limitations |
|---|---|
| Breach of Implied Contract | 2 years from termination |
| Violation of Public Policy | 2 years from termination |
| FEHA Retaliation | 3 years to file with CRD; additional 1 year after receiving "right to sue" letter |
| WARN Act Violation | 3 years from termination |
| Whistleblower Retaliation | 3 years from termination |
| Federal Claims (e.g., EEOC) | 180 days to file an administrative complaint |
The timeframes in these limitations—two years for claims based on breach of implied contract or public policy violations, and three years for FEHA, WARN Act, and whistleblower retaliation claims—serve as strict deadlines for taking legal action. Starting from the date of termination or the discovery of the violation, these periods are critical for ensuring your claim is considered valid.
In wrongful termination cases in California, early consultation with an employment lawyer is best to effectively manage the strict statute of limitations and complex legal procedures. An attorney will help you meet all necessary deadlines and adhere to specific legal requirements, which is essential for the success of your claim.
Engaging an employment lawyer early offers several advantages:
Taking proactive steps is essential in protecting your rights and strengthening your position in a wrongful termination case. Consider the following actions:
These proactive measures not only help in building a strong case but also ensure that you are prepared should you need to take legal action within the statute of limitations.
Acting early in wrongful termination cases not only safeguards your rights but also positions you for a stronger legal stance. If you suspect your termination was unjust, consulting with an experienced employment attorney can be a decisive step towards justice. Reach out to The Law Offices of Jeremy Pasternak for expert guidance and to ensure your case is handled with the urgency and attention it deserves.
Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this content does not create an attorney-client relationship with The Law Offices of Jeremy Pasternak. Employment law varies by state and situation, and legal outcomes depend on specific facts and applicable laws. While we make every effort to ensure accuracy, laws change, and unintended errors or omissions may occur. For advice on your particular circumstances, consult an attorney.
