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Statute of Limitations for Wrongful Termination in California

Time is not on your side. If you’ve been wrongfully terminated in California, you have a limited window to take legal action. Miss the deadline, and you lose your right to sue—permanently.

The statute of limitations for wrongful termination in California varies depending on the type of legal claim you’re pursuing. Most claims must be filed within 2 to 4 years of your termination date, but some require administrative filings within 3 years before you can even go to court.

Understanding these deadlines is critical. This guide breaks down exactly how long you have to file each type of wrongful termination claim in California.

Quick Answer: California Wrongful Termination Deadlines

The deadline to file a wrongful termination lawsuit depends on what type of claim you’re bringing:

Type of Claim Filing Deadline Special Requirements
FEHA discrimination/harassment 3 years to file with DFEH, then 1 year after receiving right-to-sue letter Must file with DFEH first
FEHA retaliation 3 years to file with DFEH, then 1 year after receiving right-to-sue letter Must file with DFEH first
Wrongful termination in violation of public policy 2 years from termination date Can file directly in court
Breach of oral employment contract 2 years from termination date Can file directly in court
Breach of written employment contract 4 years from termination date Can file directly in court
Wage-related claims (unpaid wages, overtime) 3 years (most wage claims), 4 years (written contracts) Can file with Labor Commissioner or court
Fraud (fraudulent inducement) 3 years from discovery of fraud Discovery rule applies

Bottom line: The most common wrongful termination claims give you 2-3 years, but you should act immediately. Evidence disappears, witnesses forget details, and delays hurt your case.

Understanding FEHA Claims: The Two-Step Process

If your wrongful termination involves discrimination, harassment, or retaliation under the California Fair Employment and Housing Act (FEHA), you must follow a two-step process:

Step 1: File with the DFEH (3-Year Deadline)

You have 3 years from the date of termination to file a complaint with the California Civil Rights Department (CRD, formerly DFEH). This is an administrative requirement—you cannot skip it and go straight to court.

Step 2: File Lawsuit (1-Year Deadline)

After the CRD investigates, you’ll receive a “right-to-sue” letter. From the date you receive that letter, you have 1 year to file a lawsuit in civil court.

Important: California’s 3-year FEHA deadline is more generous than the federal EEOC deadline (180-300 days). This is a significant advantage for California workers.

When Does the Clock Start Ticking?

For most wrongful termination claims, the statute of limitations begins on your last day of employment. This is straightforward if you were fired outright.

However, some situations are more complex:

Constructive discharge: If you were forced to resign due to intolerable working conditions, the clock starts on the date you resigned—but you may need to prove the conditions were severe enough to constitute constructive discharge.

Discovery rule (fraud claims): For claims involving fraud or fraudulent inducement, the 3-year deadline starts when you discovered (or reasonably should have discovered) the fraud, not necessarily when you were terminated.

Continuing violation doctrine: If you experienced ongoing discrimination or harassment over time, the statute of limitations may cover earlier acts if they’re part of a continuous pattern.

What Happens If You Miss the Deadline?

If you fail to file within the statute of limitations, your claim is permanently barred. Courts have no discretion to extend the deadline in most cases.

This means:

  • You lose the right to sue your employer
  • You cannot recover lost wages, emotional distress damages, or punitive damages
  • Your case will be dismissed immediately if you try to file late

There are very limited exceptions (called “tolling”), but they’re rare and difficult to prove.

Tolling: When the Clock Pauses

In limited circumstances, the statute of limitations may be “tolled” (paused):

Discovery rule: For fraud claims, the clock doesn’t start until you discover or reasonably should have discovered the fraud. For example, if your employer lied about why you were fired and you didn’t learn the truth until months later, the deadline may start from the discovery date.

Defendant out of state: If your employer leaves California to avoid service of the lawsuit, the time they’re absent may not count toward the deadline.

Continuing violation doctrine: If discriminatory acts continued over time, you may be able to include earlier acts in your claim if they’re part of an ongoing pattern—but this is a complex legal argument.

Important: Don’t count on tolling to save your case. These exceptions are narrow and difficult to prove. File within the standard deadline.

Why You Shouldn’t Wait Until the Last Minute

Even though you may have 2-4 years to file, waiting is dangerous:

Evidence disappears: Emails get deleted. Documents are destroyed. Security footage is overwritten. The longer you wait, the harder it is to prove your case.

Witnesses forget: Coworkers who saw what happened may forget critical details—or they may leave the company and become difficult to locate.

Your credibility suffers: If you wait years to file, the employer’s attorney will argue, “If the termination was really wrongful, why did you wait so long to complain?”

Investigation takes time: Your attorney needs time to gather evidence, interview witnesses, and build a strong case. Last-minute filings often result in weaker cases.

Administrative requirements add time: FEHA claims require a CRD filing first, which can take months or years to resolve before you can sue.

Urgent Actions to Take Immediately After Termination

If you believe you were wrongfully terminated, take these steps right now:

  1. Document everything: Write down the date of termination, who was present, what was said, and any reasons given. Save all emails, texts, performance reviews, and other documents.

  2. Request your personnel file: California law requires employers to provide a copy of your personnel file within 30 days of a written request. Do this immediately before documents “disappear.”

  3. Preserve electronic evidence: Save emails, Slack messages, and other electronic communications to a personal device or cloud storage. Don’t rely on company systems you may lose access to.

  4. Identify witnesses: Make a list of coworkers who witnessed discriminatory conduct, inappropriate comments, or other relevant events. Get their contact information before you lose touch.

  5. Consult an employment attorney: Most employment attorneys offer free consultations. Get professional advice on your rights and deadlines before time runs out.

Real-World Timeline Examples

Example 1: FEHA Discrimination Claim

Situation: Maria was fired on January 15, 2023, after complaining about age discrimination.

Timeline:

  • January 15, 2023: Maria’s last day of work (clock starts)
  • By January 15, 2026: Maria must file a complaint with the CRD (3-year deadline)
  • October 2026: CRD issues right-to-sue letter after investigation
  • By October 2027: Maria must file lawsuit in court (1 year from right-to-sue letter)

Result: Maria has nearly 4 years total to get to court, but she must start the CRD process within 3 years.

Example 2: Breach of Written Contract

Situation: James had a 2-year written employment contract. He was fired without cause on March 1, 2023, violating the contract.

Timeline:

  • March 1, 2023: James’s termination date (clock starts)
  • By March 1, 2027: James must file a lawsuit for breach of written contract (4-year deadline)

Result: James can file directly in court without any administrative filing. He has 4 years.

Example 3: Retaliation for Whistleblowing

Situation: Sarah was fired on June 30, 2023, two weeks after reporting safety violations to OSHA.

Timeline:

  • June 30, 2023: Sarah’s termination date (clock starts)
  • By June 30, 2025: Sarah must file a lawsuit for wrongful termination in violation of public policy (2-year deadline)

Result: Sarah’s deadline is shorter—only 2 years. She needs to act faster than Maria or James.

Example 4: Fraudulent Inducement

Situation: David was hired in January 2022 with promises of stock options that never materialized. He discovered in July 2023 that the company never intended to provide stock options. He was fired in September 2023.

Timeline:

  • July 2023: David discovers the fraud (discovery rule clock starts)
  • By July 2026: David must file a lawsuit for fraud (3 years from discovery)

Result: Even though David was terminated in September 2023, his fraud claim deadline runs from July 2023 when he discovered the misrepresentation.

What If You’re Not Sure Which Claim to File?

Many wrongful termination cases involve multiple legal theories. For example, you might have both a FEHA discrimination claim AND a breach of contract claim.

Good news: You can pursue multiple claims at the same time. Your attorney will analyze your situation and file all viable claims to maximize your chances of success.

Bad news: You must meet the deadline for each separate claim. If you miss the 2-year deadline for public policy violation but preserve the 3-year FEHA deadline, you’ve lost one potential claim.

Action step: Consult an employment attorney as soon as possible to identify all potential claims and their respective deadlines.

Special Considerations for Wage Claims

If your wrongful termination involves unpaid wages, overtime, or other wage-and-hour violations, you have two options:

Option 1: File with the Labor Commissioner (no strict deadline, but 3-4 years is standard for recovery)

Option 2: File a lawsuit (3 years for most wage claims, 4 years for written contract violations)

Many wrongful termination cases include wage claims—especially when employers fail to pay final wages, unused vacation time, or severance owed under a contract.

FAQs: Statute of Limitations for Wrongful Termination

How long do I have to sue my employer for wrongful termination in California?

It depends on the type of claim. FEHA discrimination claims require a CRD filing within 3 years, then a lawsuit within 1 year of the right-to-sue letter. Wrongful termination in violation of public policy must be filed within 2 years. Breach of written contract claims have a 4-year deadline.

Can I file a wrongful termination lawsuit after the DFEH deadline?

No. If you miss the 3-year deadline to file a FEHA complaint with the CRD (formerly DFEH), you lose the right to pursue FEHA claims. However, you may still have other claims (like public policy violation or breach of contract) with different deadlines.

What if I didn’t know I was wrongfully terminated until later?

For most wrongful termination claims, the deadline starts on your last day of work regardless of when you realized the termination was unlawful. However, fraud claims may benefit from the “discovery rule,” which starts the clock when you discovered (or should have discovered) the fraud.

Does filing with the Labor Commissioner stop the statute of limitations?

Filing a wage claim with the Labor Commissioner does not automatically stop the statute of limitations for other wrongful termination claims. If you have both wage claims and other legal claims (discrimination, breach of contract, etc.), you must meet the deadline for each separately.

How do I know if my wrongful termination case qualifies for tolling?

Tolling is rare and complex. Common tolling scenarios include the discovery rule (for fraud), defendant out of state, and continuing violation doctrine (for ongoing discrimination). Consult an employment attorney to determine if tolling applies to your case—but don’t rely on it. File within the standard deadline.

Related Topics

Don’t Wait—Protect Your Rights Now

The statute of limitations is one of the most dangerous traps in employment law. Employers know this. They’ll delay, stall, and hope you miss your deadline.

Don’t give them that advantage.

If you’ve been wrongfully terminated in California, consult an employment attorney immediately. Most offer free case evaluations and work on contingency (you don’t pay unless you win).

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

Legal Disclaimer

This article provides general information about California wrongful termination statutes of limitations and is not legal advice. Employment law deadlines are complex, and exceptions may apply to your situation. Statutes of limitations vary by claim type, and missing a deadline can permanently bar your case. For advice about your specific situation and applicable deadlines, consult a qualified California employment attorney immediately. Do not rely on this article as a substitute for professional legal counsel.

References

  • California Fair Employment and Housing Act (FEHA), Gov. Code § 12960
  • California Code of Civil Procedure § 335.1 (2-year statute of limitations)
  • California Code of Civil Procedure § 337 (4-year statute of limitations for written contracts)
  • California Code of Civil Procedure § 338 (3-year statute of limitations for fraud)
  • California Labor Code §§ 201-203 (final wage requirements)
  • Yanowitz v. L’Oreal USA, Inc., 36 Cal. 4th 1028 (2005) (continuing violation doctrine)
  • Richards v. CH2M Hill, Inc., 26 Cal. 4th 798 (2001) (wrongful termination in violation of public policy)