How long do I have to file a wrongful termination claim?
All employment claims must be filed within a set time frame, known as a statute of limitations. In California, the statute of limitations for bringing a wrongful termination lawsuit depends on the type of claim and the circumstances of the firing.
You have two years to file wrongful termination claims that are based on a violation of public policy. These claims arise when an employee is fired for engaging in a legally protected activity such as taking medical leave or reporting an unsafe work environment.
The statute of limitations is different for a wrongful termination claim based on discrimination, harassment or retaliation. If the claim is filed under state law, the time limit is one year after the termination date if you were fired before January 1, 2020. A recent change extended the time to file a charge with the California Department of Fair Employment & Housing to three years if you were fired after January 1, 2020. The lawsuit must then be filed in court within a year of getting a right to sue notice from state agency.
Employees have two years to file a wrongful termination claim for breach of an oral contract and four years if it is a written employment contract. The statute of limitations starts from the date the breach occurred, not the date of termination.
Waiting too long could mean you may no longer be able to file a wrongful termination claim once the statute of limitations expires. An employment law attorney can help make sure you do not miss any deadlines for taking legal action.
If you experienced wrongful termination, you may have grounds to file a lawsuit against your employer. Speak to a qualified Oakland employment lawyer at Erlich Law Firm to learn more.
Other Wrongful Termination FAQs:
- Can my employer fire me for being sick?
- Does my employer have to hold my job if I take medical leave?
- How long do I have to file a wrongful termination claim?
- I was recently fired from my job without any warnings or negative performance reviews. Was I wrongfully terminated?
- If I quit my job because conditions were intolerable, do I still have a case?
- What can I do if was wrongfully terminated?
- What should I do if I have been fired for reporting harassment or discrimination at work?
- What should I do if I have been unfairly fired from my job?
- What types of damages can I recover in a wrongful termination claim?
- Why do I need a lawyer for my wrongful termination claim?
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My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.
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