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statutes of limitations on employment and wrongful termination cases in California

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.

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Employment Law

What Is Wrongful Termination?
Sample Request for Reasonable Accommodation
Sample Complaint about Workplace Discrimination 
FAQ About California Employment Law 

Law Office of Arkady Itkin

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case