Statutes of Limitations on Various Employment and Wrongful Termination Claims
There are strict deadlines (statutes of limitations) which apply to filing a wrongful termination case in court. Here are most of the deadlines that an aggrieved employee should be aware of:
Discrimination / Harassment / Retaliation Claims in Violation of FEHA/ADA and Similar Laws:
Generally, you have to file a charge of discrimination with either DFEH (Dept. of Fair Employment and Housing) or EEOC (Equal Employment Opportunity Commission) within one year of the last discriminatory incident. If you were terminated by the subject employer, that most recent event is your termination. If you are still employed by the same employer, then the most recent even would be any act that you believe constitutes violatino of anti-discrimination or anti-harassment laws.
After you file a charge with DFEH or EEOC, the statute of limitations is tolled. In other words, no matter how long it takes for DFEH or EEOC to investigate your claims, your do not need to worry about the deadlines.
Once the DFEH issues a right to sue letter upon completing the investigation, you will have one year from the date of that letter to file a lawsuit in court. EEOC right to sue letter usually has a much shorter experiation date (90 days or 300 days depending on your claims). Any attorney can "shortcut" the process and obtain and automatic right to sue letter online within just a few minutes and thus avoid the need to file a charge with DFEH or EEOC, and be able a lawsuit in court right away.
Wage and Hour / Failure to Pay Overtime or Comissions and Other Labor Code Violations:
Most wage and hour and overtime compensation claims have a 3 year statute of limitations. This means that you can go as far as three years back in claiming overtime (and in some cases up to 4 years). In other words, you can only include that overtime that's not older than 3 or four years counting back from the day you file your failure to pay overtime claim or a lawsuit. Most other California Labor Code violations have a 3-year statute of limitations.
Defamation (Slander and Libel) Claims:
Defamation (Slander and Libel) claims have a one year statute of limitations from the date the most recent defamatory statement was published (in writing or orally).
Wrongful Termination in Violation of Public Policy and Other Retaliation Claims
With regard to discrimination cases, even if you miss the one year deadline to file a DFEH or EEOC charge, there is still an all-inclusive claim you can bring in court within two yeras of the most recent discriminatory act - wrongful dsicharge in violation of public policy. This claim has certain disadvantages in comparison to the actual discrimination and harassment claims, but it's a way to bring your case into court and see redress.
Most retaliation claims that are covered by Caliifornia health and safety code and patient care act can be brought within two years of the most recent retaliatory act.
Discrimination / Harassment / Retaliation Claims in Violation of FEHA/ADA and Similar Laws:
Generally, you have to file a charge of discrimination with either DFEH (Dept. of Fair Employment and Housing) or EEOC (Equal Employment Opportunity Commission) within one year of the last discriminatory incident. If you were terminated by the subject employer, that most recent event is your termination. If you are still employed by the same employer, then the most recent even would be any act that you believe constitutes violatino of anti-discrimination or anti-harassment laws.
After you file a charge with DFEH or EEOC, the statute of limitations is tolled. In other words, no matter how long it takes for DFEH or EEOC to investigate your claims, your do not need to worry about the deadlines.
Once the DFEH issues a right to sue letter upon completing the investigation, you will have one year from the date of that letter to file a lawsuit in court. EEOC right to sue letter usually has a much shorter experiation date (90 days or 300 days depending on your claims). Any attorney can "shortcut" the process and obtain and automatic right to sue letter online within just a few minutes and thus avoid the need to file a charge with DFEH or EEOC, and be able a lawsuit in court right away.
Wage and Hour / Failure to Pay Overtime or Comissions and Other Labor Code Violations:
Most wage and hour and overtime compensation claims have a 3 year statute of limitations. This means that you can go as far as three years back in claiming overtime (and in some cases up to 4 years). In other words, you can only include that overtime that's not older than 3 or four years counting back from the day you file your failure to pay overtime claim or a lawsuit. Most other California Labor Code violations have a 3-year statute of limitations.
Defamation (Slander and Libel) Claims:
Defamation (Slander and Libel) claims have a one year statute of limitations from the date the most recent defamatory statement was published (in writing or orally).
Wrongful Termination in Violation of Public Policy and Other Retaliation Claims
With regard to discrimination cases, even if you miss the one year deadline to file a DFEH or EEOC charge, there is still an all-inclusive claim you can bring in court within two yeras of the most recent discriminatory act - wrongful dsicharge in violation of public policy. This claim has certain disadvantages in comparison to the actual discrimination and harassment claims, but it's a way to bring your case into court and see redress.
Most retaliation claims that are covered by Caliifornia health and safety code and patient care act can be brought within two years of the most recent retaliatory act.
