Employment Law Statute of Limitations in California

Understanding the statute of limitations for employment law claims in California is crucial for protecting your rights. The statute of limitations sets the time limit within which you must file a legal claim. If you miss this deadline, you may lose your right to pursue legal action. This guide provides an overview of the various statutes of limitations for common employment law claims in California.

Common Employment Law Claims and Their Statutes of Limitations

1. Wrongful Termination

   • Statute of Limitations: 2 years

   • Details: Claims for wrongful termination in violation of public policy must be filed within two years from the date of termination.

2. Discrimination, Harassment, and Retaliation

   • Statute of Limitations: 3 years

   • Details: Under the California Fair Employment and Housing Act (FEHA), you must file a complaint with the California Department of Fair Employment and Housing (DFEH) within three years from the date of the discriminatory, harassing, or retaliatory act.

3. Wage and Hour Violations

   • Statute of Limitations:

     • Unpaid Wages: 3 years (4 years if based on a written contract)

     • Penalties for Unpaid Wages: 1 year

   • Details: Claims for unpaid wages, overtime, meal and rest breaks, and other wage and hour violations must be filed within three years. If the claim is based on a written contract, the statute of limitations extends to four years. Claims for penalties, such as waiting time penalties, must be filed within one year.

4. Breach of Contract

   • Statute of Limitations:

     • Written Contract: 4 years

     • Oral Contract: 2 years

   • Details: If your employment claim is based on a breach of a written contract, you have four years to file a lawsuit. For oral contracts, the statute of limitations is two years.

5. Defamation

   • Statute of Limitations: 1 year

   • Details: Claims for defamation, including libel and slander, must be filed within one year from the date of the defamatory statement.

6. Personal Injury

   • Statute of Limitations: 2 years

   • Details: If your employment claim involves personal injury, such as emotional distress or physical harm, you must file your lawsuit within two years from the date of injury.

7. Whistleblower Retaliation

   • Statute of Limitations: 2 or 3 years

   • Details: Claims under California Labor Code Section 1102.5 for whistleblower retaliation must be filed within three years. Claims under other statutes may have a two-year statute of limitations.

8. Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA)

   • Statute of Limitations: 2 or 3 years

   • Details: Claims for violations of FMLA and CFRA generally have a two-year statute of limitations. However, if the violation is willful, the statute of limitations extends to three years.

Filing a Complaint with the DFEH

For discrimination, harassment, and retaliation claims under FEHA, you must file a complaint with the DFEH before filing a lawsuit. The DFEH will investigate your complaint and may attempt to resolve the issue through mediation. If the DFEH does not resolve your complaint, they will issue a "Right-to-Sue" notice, allowing you to file a lawsuit in court.

Steps to Take If You Have an Employment Law Claim

1. Document Everything:

   • Keep detailed records of incidents, including dates, times, locations, and individuals involved. Save any relevant documents, emails, and messages.

2. Report the Issue:

   • Report the issue to your Human Resources department or a supervisor. Follow your company’s procedures for addressing workplace complaints.

3. File a Complaint:

   • For discrimination, harassment, or retaliation claims, file a complaint with the DFEH. For other claims, you may need to file directly in court.

4. Consult an Attorney:

   • Consult with an experienced employment law attorney to understand your rights and determine the best course of action. An attorney can help you file your claim within the appropriate statute of limitations and represent you in legal proceedings.

Understanding the statute of limitations for various employment law claims in California is essential for protecting your rights. If you believe you have a claim, act promptly to ensure you meet all deadlines. For expert legal assistance, contact FairWork Legal Group.

If you need help with an employment law claim or have questions about your rights, contact FairWork Legal Group. Our experienced attorneys are dedicated to protecting employees from unfair treatment and ensuring justice in the workplace.