Free Evaluation
Free Evaluation

California Workplace Retaliation Statute of Limitations: How Long You Have to File

If you’ve experienced workplace retaliation in California, you have limited time to take action. Missing your filing deadline means losing your legal rights forever, regardless of how strong your case is. Understanding exactly how long you have to file is critical to protecting yourself.

The main statute of limitations for California retaliation claims is three years, but this varies by claim type. Some whistleblower protections are three years. Wage-related retaliation is three years. But workers’ compensation retaliation has only a one-year deadline. Each claim type has different rules about where you file and when the clock starts running.

Why the Statute of Limitations Matters for Retaliation

Statute of limitations laws create strict deadlines for filing legal claims. These deadlines serve an important purpose: they encourage people to come forward quickly while evidence is fresh, memories are clear, and witnesses remain available.

For you, the stakes are high. Missing a deadline doesn’t just delay your case—it destroys it completely. Courts have no power to extend expired deadlines, even when the circumstances are sympathetic. A day late means a complete loss of your legal rights to compensation.

This makes understanding your specific deadline and acting promptly essential. You should calculate your deadline immediately after experiencing retaliation and begin gathering evidence right away.

FEHA Retaliation Claims: The Three-Year Filing Window

The 2020 Deadline Extension

California extended the statute of limitations for FEHA retaliation claims from one year to three years effective January 1, 2020. This means you now have significantly more time to pursue retaliation claims based on discrimination or protected activities under the Fair Employment and Housing Act.

If the retaliation occurred before January 1, 2020, the old one-year deadline may apply to your situation.

What FEHA Retaliation Covers

The California Fair Employment and Housing Act (FEHA) prohibits retaliation against employees who:

  • File complaints about discrimination or harassment
  • Oppose discriminatory conduct
  • Request reasonable accommodations for disabilities
  • Take protected leave (CFRA, pregnancy disability leave, or other FEHA-protected absences)
  • Testify or participate in discrimination investigations
  • Refuse to participate in unlawful discrimination

Filing Deadline: Three Years to File with CRD

You have three years from the date of the adverse employment action to file a complaint with the California Civil Rights Department (CRD, formerly DFEH).

Key point: The clock starts on the date of the adverse action (termination, demotion, harassment intensifying), not on the date you engaged in the protected activity.

Example:

  • March 1, 2024: You file an internal complaint about sexual harassment
  • May 15, 2024: Your employer terminates you in retaliation
  • Your deadline to file with CRD: May 15, 2027 (three years from termination, not from complaint)

The Two-Step Process for FEHA Claims

FEHA claims require a two-step process:

Step 1: File a complaint with the CRD within three years of the adverse action. This is called “exhausting administrative remedies.” You cannot skip this step and go straight to court.

Step 2: After CRD investigates, you’ll receive a “right-to-sue” letter. You then have one additional year from receiving that letter to file a lawsuit in civil court.

This means your total window could extend to four years or more, but you must file with CRD within the initial three years.

Timeline Example for FEHA Claims

  • May 15, 2024: Retaliation occurs
  • January 20, 2025: You consult an employment attorney
  • March 1, 2025: You file complaint with CRD (well within three-year deadline)
  • August 15, 2025: CRD issues right-to-sue letter
  • August 15, 2026: Your deadline to file lawsuit in court (one year from right-to-sue letter)

Critical timing: If you wait until May 10, 2027 (five days before the three-year deadline), you can technically still file with CRD. But this leaves you no buffer for delays. File as early as possible.

Labor Code § 1102.5 Whistleblower Claims: Three Years

What Whistleblower Protection Covers

Labor Code § 1102.5 protects employees who report violations of law to government agencies, report internally to supervisors, or refuse to participate in illegal activities. The reported violation can relate to any state or federal law—it doesn’t need to involve your job duties.

Filing Deadline: Three Years Direct to Court

You have three years from the date of retaliation to file a lawsuit in court. Unlike FEHA claims, you do not file with any government agency first. You can go directly to civil court.

Example:

  • September 10, 2024: You report financial fraud to your CFO
  • October 1, 2024: You’re fired in retaliation
  • Your deadline to file in court: October 1, 2027

Rebuttable Presumption of Retaliation

If your employer takes adverse action within 90 days of your whistleblower disclosure, the law creates a rebuttable presumption of retaliation. This means your employer must prove they had a legitimate, non-retaliatory reason for their action.

This shifts the burden of proof in your favor—a significant advantage that doesn’t exist in most other employment claims.

Labor Code § 98.6 Wage Retaliation: Three Years

What Wage Retaliation Covers

Labor Code § 98.6 prohibits retaliation against employees who file wage and hour complaints, threaten to file complaints, or participate in wage-related proceedings. Protected activities include reporting unpaid overtime, missed meal breaks, or minimum wage violations.

Filing Deadline: Three Years to File or Complain

You have three years from the date of retaliation to file either:

  • A complaint with the California Labor Commissioner (administrative process), or
  • A lawsuit in civil court

Example:

  • February 5, 2024: You file a wage claim with the Labor Commissioner
  • March 20, 2024: You’re terminated in retaliation
  • Your deadline: March 20, 2027

Choice of Forum

You can pursue your § 98.6 retaliation claim through either the Labor Commissioner’s office (free, no attorney required, faster) or civil court (broader remedies, discovery, potential jury trial). Many employees file the underlying wage claim with the Labor Commissioner while filing the retaliation claim in court.

Workers’ Compensation Retaliation: One-Year Deadline

What § 132a Covers

Labor Code § 132a prohibits retaliation against employees who file workers’ compensation claims, consult attorneys about workers’ comp, or exercise any workers’ compensation rights.

Filing Deadline: Only One Year

This is the shortest deadline for California retaliation claims. You have only one year from the date of retaliation to file a petition with the Workers’ Compensation Appeals Board (WCAB).

Example:

  • June 10, 2024: You file a workers’ compensation claim for back injury
  • June 25, 2024: You’re fired in retaliation
  • Your deadline: June 25, 2025 (only one year)

Strict Enforcement

Courts strictly enforce this one-year deadline. Missing it by even one day bars your claim permanently. If you’ve filed a workers’ compensation claim and experience retaliation, act immediately to preserve your rights.

When the Statute of Limitations Clock Starts

The Adverse Action Date Rule

For virtually all retaliation claims, the statute of limitations begins on the date your employer takes adverse action against you—not when you engaged in the protected activity.

The adverse action is the harm: termination, demotion, suspension, pay cut, unfavorable transfer, or intensified harassment.

Timing diagram:

  • January 10: You report safety violations (protected activity)
  • February 15: You’re demoted (adverse action)
  • Clock starts: February 15

Discrete Acts vs. Continuing Violations

Discrete adverse actions like termination or demotion have a single start date. Each action has its own deadline.

Ongoing hostile treatment may qualify as a “continuing violation,” where each instance of harassment or mistreatment can restart the clock. However, you can’t use ongoing conduct to revive old, time-barred discrete acts like a termination from five years ago.

Courts analyze this case-by-case. Don’t assume your situation qualifies—file within the standard deadline for the original adverse action.

The Discovery Rule Exception

In rare cases, the statute of limitations may be delayed under the “discovery rule” if:

  • You couldn’t reasonably have discovered the retaliation
  • Your employer actively concealed the retaliatory motive
  • You discovered the concealment only after years had passed

This exception is narrow and difficult to prove. Courts require evidence that you made reasonable efforts to discover the truth but couldn’t despite those efforts.

When discovery rule might apply:

  • You’re laid off and told it’s due to company restructuring
  • Three years later, you discover through litigation in another case that executives specifically targeted you because of an earlier complaint
  • The discovery rule might extend your deadline from the date you actually discovered the retaliation

Don’t rely on this exception. File within the standard deadline to be safe.

Statute of Limitations Comparison Table

Claim Type Deadline Where to File When Clock Starts
FEHA Retaliation 3 years to CRD, then 1 year to court California Civil Rights Department Date of adverse action
Whistleblower (§ 1102.5) 3 years Civil court directly Date of adverse action
Wage Retaliation (§ 98.6) 3 years Labor Commissioner or court Date of adverse action
Workers’ Comp (§ 132a) 1 year Workers’ Compensation Appeals Board Date of adverse action

What Happens If You Miss the Deadline

Complete Bar to Recovery

Missing the statute of limitations is a complete and absolute defense to your claim. Even with overwhelming evidence of clear, intentional retaliation, courts will dismiss your case if you file late.

You cannot recover:

  • Back pay or lost wages
  • Front pay (future earnings)
  • Emotional distress damages
  • Punitive damages
  • Attorney’s fees and costs
  • Any other relief whatsoever

No Judicial Discretion

Judges cannot extend expired deadlines. They have no authority to waive or modify the statute of limitations, except in extremely rare circumstances. Sympathetic facts, unexpected hardship, or your failure to understand the deadline don’t matter.

Equitable Tolling: Very Rare Exception

Courts may extend deadlines in extremely limited circumstances:

  • Your employer prevented you from filing through active fraud or threats
  • You were mentally incapacitated and unable to file
  • You filed in the wrong forum due to your employer’s deliberate misrepresentation

These exceptions are exceptionally rare and require strong evidence of active concealment or incapacity.

Actions to Take Immediately After Retaliation

Document the Exact Date

Write down the precise date of the adverse action. This is when your clock starts running.

  • Termination: last day of work
  • Demotion: date it took effect
  • Suspension: date it began
  • Harassment intensification: date retaliation began

Calculate Your Deadline

Add three years (or one year for workers’ comp) to the adverse action date. Mark this deadline on your calendar and set a reminder for 30 days before.

Example:

  • Adverse action: July 15, 2024
  • Deadline: July 15, 2027
  • Calendar reminder: Set for June 15, 2027

Preserve Evidence Immediately

Once you leave employment, you lose access to company systems. Download and save everything before your last day:

  • Performance reviews and evaluations
  • Emails mentioning your complaint or protected activity
  • Emails showing your treatment changed after you complained
  • Personnel policies and handbooks
  • Pay stubs and benefit statements
  • Documentation of the protected activity itself

Consult an Employment Attorney

Most employment attorneys offer free initial consultations. Call multiple attorneys—you’re looking for someone who handles retaliation claims and works on contingency (you don’t pay unless you win).

During the consultation, discuss:

  • Your specific adverse action and its date
  • What protected activity preceded the adverse action
  • What type of claim(s) you might have
  • When you need to file

An attorney can calculate your exact deadlines and file the appropriate claims on time.

Real-World Deadline Scenarios

Scenario 1: FEHA Retaliation Filed Timely

Facts:

  • June 1, 2024: Sarah files internal discrimination complaint about wage theft
  • August 10, 2024: Sarah is terminated
  • November 15, 2024: Sarah consults employment attorney
  • January 20, 2025: Sarah files CRD complaint

Analysis:

  • CRD filing deadline: August 10, 2027
  • Sarah filed January 20, 2025—20 months early
  • She preserved her rights with plenty of time for investigation

Scenario 2: Workers’ Comp Retaliation Missed Deadline

Facts:

  • March 5, 2023: James files workers’ compensation claim
  • March 22, 2023: James is terminated in retaliation
  • January 2024: James learns about § 132a protection
  • April 1, 2024: James attempts to file WCAB petition

Analysis:

  • Deadline: March 22, 2024 (one year)
  • James filed April 1, 2024—10 days late
  • Claim is time-barred and dismissed
  • Lost all rights to increased workers’ comp benefits

Scenario 3: Whistleblower Claim Filed Within Deadline

Facts:

  • September 1, 2022: Maria reports accounting fraud to CFO
  • October 15, 2022: Maria is demoted in retaliation
  • August 1, 2025: Maria files § 1102.5 lawsuit

Analysis:

  • Deadline: October 15, 2025
  • Maria filed August 1, 2025—legal but very close to deadline
  • Evidence may be harder to gather after 3 years
  • Witnesses may have left the company

Frequently Asked Questions

How do I know the exact date retaliation started?

The date of the adverse action (termination, demotion, etc.) is clear. If retaliation is ongoing harassment, the clock generally starts with the first significant adverse action, though ongoing conduct may extend the deadline under continuing violation doctrine.

Can I file FEHA claims and whistleblower claims for the same conduct?

Yes. You might have overlapping claims under FEHA and Labor Code § 1102.5 from the same incident. File all applicable claims to preserve all rights. Your attorney can coordinate filings in different forums.

What if my employer retaliates multiple times?

Each discrete adverse action has its own deadline. Ongoing harassment may be treated as a continuing violation. File as soon as you experience the first significant adverse action to preserve claims for all subsequent retaliatory conduct.

Can I file with EEOC instead of the California Civil Rights Department?

The federal EEOC has only a 180-300 day deadline for filing. The California CRD has three years. If you file with EEOC under a “dual-filing” agreement, you may preserve California rights—but this is unreliable. Always file directly with CRD for California FEHA claims.

Does signing a severance agreement waive my retaliation claims?

Severance agreements often include releases that waive your legal claims entirely. If you’ve signed a release, the statute of limitations is irrelevant because you’ve waived your rights. Never sign severance agreements without consulting an attorney. California law gives you 21-45 days to consider severance offers.

Related Resources

Learn more about retaliation and your rights:

Don’t Wait—Protect Your Rights Now

The statute of limitations is one of the most dangerous traps in employment law. Employers know that many workers don’t understand their deadlines—and they’re counting on you to miss yours.

Don’t give them that advantage.

Calculate your deadline immediately. Document everything while it’s fresh. Consult an employment attorney today. Most offer free consultations and work on contingency—you don’t pay unless you win.

The clock is ticking. Every day you delay is a day closer to losing your rights forever.

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Statute of limitations laws are complex and subject to exceptions. Consult with a qualified California employment attorney immediately to discuss your specific situation and ensure you meet all applicable deadlines. Laws and regulations may change, and this content may not reflect the most current legal developments.

Sources: California Civil Rights Department, California Labor Commissioner, Workers’ Compensation Appeals Board, California Courts