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, who intends to file a wrongful termination case in court, 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) within three years of your termination or most recent discriminatory action by the employer, or EEOC (Equal Employment Opportunity Commission) within 300 days of the most recent discriminatory incident or termination. If you were terminated by the subject employer, then most likely that most recent discriminatory event is your termination. If you are still employed by the same employer, then the most recent event would be any most recent act that you believe constitutes violation of anti-discrimination or anti-harassment laws against you.
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, you do not need to worry about the statute of limitations to file a lawsuit while one of those agencies is investigating your allegations. You do not need to file a charge with both of the above agencies, and filing with either one within the above deadlines is sufficient.
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 based on the same charges as are included in the DFEH / EEOC Intake Charge of Discrimination. EEOC right-to-sue letter usually has a much shorter expiration date.
Any attorney can "shortcut" the process of waiting for right to sue letter and obtain an 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 to file lawsuit in court right away.
Wage and Hour / Failure to Pay Overtime or Commissions 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).
Most retaliation claims that are covered by California 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) within three years of your termination or most recent discriminatory action by the employer, or EEOC (Equal Employment Opportunity Commission) within 300 days of the most recent discriminatory incident or termination. If you were terminated by the subject employer, then most likely that most recent discriminatory event is your termination. If you are still employed by the same employer, then the most recent event would be any most recent act that you believe constitutes violation of anti-discrimination or anti-harassment laws against you.
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, you do not need to worry about the statute of limitations to file a lawsuit while one of those agencies is investigating your allegations. You do not need to file a charge with both of the above agencies, and filing with either one within the above deadlines is sufficient.
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 based on the same charges as are included in the DFEH / EEOC Intake Charge of Discrimination. EEOC right-to-sue letter usually has a much shorter expiration date.
Any attorney can "shortcut" the process of waiting for right to sue letter and obtain an 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 to file lawsuit in court right away.
Wage and Hour / Failure to Pay Overtime or Commissions 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).
Most retaliation claims that are covered by California health and safety code and patient care act can be brought within two years of the most recent retaliatory act.