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California Retaliation Statute of Limitations: What You Need to Know

California’s statute of limitations for retaliation claims varies by the type of claim you’re filing. Most retaliation claims have a three-year deadline, but some are shorter. Missing your deadline completely bars your ability to recover damages, so understanding when the clock starts and when you must file is critical.

Why Statute of Limitations Matters

Statute of limitations laws create strict deadlines for filing claims. These deadlines serve important purposes: they encourage prompt filing while evidence is fresh, provide certainty to employers, and prevent stale claims based on faded memories.

For you, missing a deadline means losing your legal rights permanently. Courts have no discretion to extend expired deadlines except in rare circumstances. Even if you have a strong retaliation case, filing one day late destroys your claim.

This makes understanding your specific deadline and acting quickly essential.

FEHA Retaliation: 3-Year Deadline to File with CRD

What FEHA Covers

The California Fair Employment and Housing Act (FEHA) prohibits retaliation for:

  • Opposing discrimination or harassment
  • Filing discrimination or harassment complaints
  • Participating in discrimination investigations
  • Requesting disability accommodations
  • Taking protected leave (CFRA, pregnancy disability leave)
  • Exercising other FEHA-protected rights

Filing Deadline: 3 Years

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

This deadline was extended from one year to three years in 2020. If your retaliation occurred before January 1, 2020, different rules may apply.

When the Clock Starts

The statute of limitations begins on the date of the adverse employment action, not when you engaged in protected activity.

Example:

  • March 1, 2024: You file internal harassment complaint
  • May 15, 2024: You’re terminated in retaliation
  • Deadline: May 15, 2027 (3 years from termination)

The CRD Filing Process

FEHA requires you to file with the CRD before filing a lawsuit. This is called “exhausting administrative remedies.”

Steps:

  1. File complaint with CRD (online, mail, or in person)
  2. CRD investigates or issues immediate right-to-sue notice
  3. CRD issues right-to-sue letter
  4. You have one year from receiving the right-to-sue letter to file a lawsuit

Critical Timing Issues

Missing the 3-year CRD deadline: If you miss the three-year deadline to file with CRD, you lose your FEHA claim entirely. You cannot file a lawsuit without first filing with CRD (with very limited exceptions).

The 1-year lawsuit deadline: After receiving your right-to-sue letter, you have one year to file a lawsuit in court. This deadline is separate from the initial three-year deadline.

Example timeline:

  • May 15, 2024: Retaliation occurs
  • April 1, 2027: You file CRD complaint (within 3-year deadline)
  • June 1, 2027: CRD issues right-to-sue letter
  • Lawsuit deadline: June 1, 2028 (1 year from right-to-sue letter)

If you wait until May 10, 2027 (5 days before the 3-year deadline expires), you can still file with CRD. But don’t wait until the last minute—filing early protects your rights.

Labor Code § 1102.5 Whistleblower: 3-Year Deadline

What § 1102.5 Covers

Labor Code § 1102.5 protects employees who:

  • Disclose violations of state or federal law to government agencies
  • Disclose violations to supervisors or company officials
  • Refuse to participate in illegal activities
  • Report violations of regulations or ordinances

Filing Deadline: 3 Years

You have three years from the date of retaliation to file a lawsuit in court. Unlike FEHA, you can file directly in court without first filing with a government agency.

Example:

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

No Administrative Exhaustion Required

Whistleblower claims under § 1102.5 don’t require filing with CRD or any other agency first. You can go straight to court.

This makes § 1102.5 claims faster and simpler procedurally than FEHA claims. You avoid the CRD process and one-year right-to-sue deadline.

Continuing Violations Doctrine

If your employer engages in ongoing retaliation (harassment, hostile treatment, unfair assignments), each retaliatory act may restart the clock. However, discrete acts like termination or demotion don’t benefit from this doctrine.

Courts evaluate whether retaliation is a “continuing violation” or discrete acts case-by-case. Don’t rely on this doctrine—file within three years of the first retaliatory act.

Labor Code § 98.6 Wage Retaliation: 3-Year Deadline

What § 98.6 Covers

Labor Code § 98.6 prohibits retaliation for:

  • Filing wage and hour complaints with the Labor Commissioner
  • Threatening to file wage complaints
  • Testifying in Labor Commissioner proceedings
  • Exercising rights under wage and hour laws

Filing Deadline: 3 Years

You have three years from the date of retaliation to file a lawsuit or a complaint with the Labor Commissioner.

Example:

  • February 5, 2024: You file wage claim for unpaid overtime
  • March 20, 2024: You’re terminated
  • Deadline: March 20, 2027

Choice of Forum: Court or Labor Commissioner

You can file your § 98.6 retaliation claim either:

  • With the Labor Commissioner’s office (administrative process)
  • Directly in civil court (lawsuit)

The Labor Commissioner process is free and doesn’t require an attorney, but it provides more limited remedies. Civil court allows broader discovery and potential jury trial.

Many employees file with the Labor Commissioner for the underlying wage claim and in court for the retaliation claim.

Workers’ Compensation Retaliation (§ 132a): 1-Year Deadline

What § 132a Covers

Labor Code § 132a prohibits retaliation for:

  • Filing workers’ compensation claims
  • Consulting with an attorney about workers’ comp
  • Testifying in workers’ comp proceedings
  • Exercising any workers’ compensation rights

Filing Deadline: 1 Year

You have only one year from the date of retaliation to file a petition with the Workers’ Compensation Appeals Board (WCAB).

This is the shortest deadline for California retaliation claims.

Example:

  • June 10, 2024: You file workers’ comp claim for back injury
  • June 25, 2024: You’re fired
  • Deadline: June 25, 2025 (only 1 year)

Why This Deadline Is Shorter

Workers’ comp retaliation is handled through the workers’ compensation system, not the civil court system. The workers’ comp system has shorter deadlines for most claims to ensure quick resolution.

No Extension Available

Courts strictly enforce the one-year deadline. Missing it by even one day bars your claim. If you’ve filed a workers’ comp claim and experienced retaliation, act immediately.

Increased Compensation

If you prove § 132a retaliation, your workers’ compensation benefits increase by 50%. You can also recover damages in some cases through a civil lawsuit, but the WCAB petition must be filed within one year.

Statute of Limitations Comparison Table

Claim Type Deadline Where to File Administrative Requirement When Clock Starts
FEHA Retaliation 3 years CRD (then court) Must file with CRD first Date of adverse action
Whistleblower (§ 1102.5) 3 years Civil court None (direct filing) Date of adverse action
Wage Retaliation (§ 98.6) 3 years Labor Commissioner or court None (choice of forum) Date of adverse action
Workers’ Comp (§ 132a) 1 year WCAB Must file with WCAB Date of adverse action
Wrongful Termination 2-3 years Civil court Varies by underlying claim Date of termination
CFRA Retaliation 3 years CRD (then court) Must file with CRD first Date of adverse action

When the Statute of Limitations Clock Starts

Date of Adverse Action Rule

For most retaliation claims, the clock starts on the date your employer takes adverse action against you, not when you engaged in protected activity.

Example:

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

Termination vs. Demotion vs. Ongoing Harassment

Discrete acts (termination, demotion, suspension) have a single start date—the date the action occurred.

Ongoing hostile treatment may qualify as a continuing violation, where each hostile act can be actionable if at least one act occurred within the limitations period.

However, you can’t use ongoing harassment to revive old, time-barred discrete acts like a termination from five years ago.

Discovery Rule (Rare Application)

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 fraudulently concealed the retaliatory motive

This exception is narrow. You can’t claim ignorance of obvious retaliation. Courts require evidence your employer actively concealed facts that prevented you from discovering retaliation despite reasonable diligence.

Example where discovery rule might apply:

  • You’re laid off and told it’s due to company-wide restructuring
  • Three years later, you discover through litigation in another case that executives specifically targeted you because of your earlier complaint
  • Discovery rule might extend deadline from when you discovered the truth

Don’t rely on the discovery rule. File within the standard deadline.

What Happens If You Miss the Deadline

Complete Bar to Recovery

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

You cannot recover:

  • Back pay or front pay
  • Emotional distress damages
  • Punitive damages
  • Attorney’s fees
  • Any other relief

No Judicial Discretion

Judges cannot extend expired deadlines (except in extremely rare equitable tolling situations). Sympathetic facts don’t matter. The deadline is absolute.

Rare Exceptions: Equitable Tolling

Courts may extend deadlines in extremely limited circumstances:

  • Your employer prevented you from filing through fraud or threats
  • You were mentally incapacitated and couldn’t file
  • You filed in the wrong forum due to your employer’s misrepresentation

These exceptions are rare and difficult to prove. Don’t count on them.

Protecting Your Rights: What to Do Immediately

Document the Adverse Action Date

Write down the exact date of termination, demotion, or other adverse action. This is when your clock starts.

If you’re unsure whether something counts as adverse action, document it anyway. Better to track too much than miss a critical date.

Calculate Your Deadline

Add three years (or one year for workers’ comp) to the adverse action date. Mark this deadline on your calendar.

Example:

  • Adverse action: July 15, 2024
  • Deadline: July 15, 2027
  • Calendar reminder: Set for July 1, 2027 (two weeks early)

Don’t wait until the deadline approaches. Evidence deteriorates, witnesses leave, and memories fade. File as soon as reasonably possible after gathering evidence.

File Early to Preserve Rights

Filing within months of retaliation is ideal:

  • Evidence is fresh
  • Witnesses are available
  • Your memory is clear
  • You avoid statute of limitations anxiety

Even if you need time to consult attorneys or investigate, file a basic complaint with the appropriate agency to preserve your deadline. You can provide details later.

Keep Evidence While Accessible

Once you leave employment, you lose access to company emails, files, and documents. Download and save everything relevant before your last day:

  • Performance reviews
  • Emails about your complaint and subsequent treatment
  • Personnel policies
  • Pay stubs and benefit statements
  • Documentation of protected activity

Real-World Deadline Scenarios

Scenario 1: FEHA Retaliation—Timely Filing

Facts:

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

Analysis:

  • Deadline: August 10, 2027 (3 years from termination)
  • Sarah filed 17 months after termination—well within deadline
  • She preserved her rights and gave herself time to gather evidence and consult counsel

Scenario 2: Workers’ Comp Retaliation—Missed Deadline

Facts:

  • March 5, 2023: James files workers’ comp claim
  • March 22, 2023: James is terminated
  • February 2024: James consults attorney who tells him about § 132a
  • April 1, 2024: James attempts to file WCAB petition

Analysis:

  • Deadline: March 22, 2024 (1 year from termination)
  • James filed on April 1, 2024—10 days late
  • His claim is time-barred and will be dismissed
  • He loses all rights to increased workers’ comp benefits

Lesson: Workers’ comp retaliation has the shortest deadline. Act immediately.

Scenario 3: Whistleblower—Using Full 3 Years

Facts:

  • September 1, 2022: Maria reports accounting fraud to CFO
  • October 15, 2022: Maria is demoted
  • Maria doesn’t consult attorney until mid-2025
  • August 1, 2025: Maria files § 1102.5 lawsuit

Analysis:

  • Deadline: October 15, 2025 (3 years from demotion)
  • Maria filed August 1, 2025—2.5 months before deadline
  • She preserved her rights, but waited nearly 3 years
  • Evidence may be harder to gather (witnesses gone, documents destroyed)

Lesson: While she met the deadline, filing earlier would have strengthened her case.

Scenario 4: Wage Retaliation—Combining Claims

Facts:

  • January 10, 2024: Robert files wage claim with Labor Commissioner
  • February 5, 2024: Robert is fired
  • March 1, 2024: Robert files § 98.6 retaliation lawsuit in civil court
  • Underlying wage claim still pending with Labor Commissioner

Analysis:

  • Deadline for retaliation claim: February 5, 2027
  • Robert filed one month after termination—very timely
  • He can pursue wage claim administratively while litigating retaliation in court

Lesson: You can file different claims in different forums simultaneously.

Scenario 5: FEHA—Right-to-Sue Deadline Confusion

Facts:

  • April 1, 2024: Linda is fired in retaliation for harassment complaint
  • May 15, 2024: Linda files CRD complaint
  • June 30, 2024: CRD issues immediate right-to-sue letter
  • August 1, 2025: Linda files lawsuit (13 months after right-to-sue letter)

Analysis:

  • CRD filing deadline: April 1, 2027—Linda met this (filed May 15, 2024)
  • Lawsuit deadline: June 30, 2025 (1 year from right-to-sue letter)
  • Linda filed August 1, 2025—1 month late
  • Her lawsuit will be dismissed despite timely CRD filing

Lesson: Two separate deadlines exist for FEHA claims. Track both carefully.

Frequently Asked Questions

What if I didn’t realize the action was retaliation until later?

The statute of limitations generally starts when the adverse action occurs, not when you realize it was retaliation. The discovery rule rarely extends deadlines in employment cases. File as soon as you suspect retaliation—don’t wait for certainty.

Can I file multiple claims with different deadlines?

Yes. You might have FEHA retaliation (3 years), whistleblower claims (3 years), and wage retaliation (3 years) from the same conduct. File all applicable claims to preserve all rights. Some may have overlapping remedies, but protecting all claims gives you options.

What if my employer retaliates multiple times over several months?

Each discrete adverse action (termination, demotion, pay cut) has its own limitations period starting when it occurred. Ongoing hostile treatment may be analyzed as a continuing violation. File within three years of the first significant adverse action to preserve claims for all subsequent acts.

Does filing with EEOC instead of CRD protect my rights?

Filing with the federal EEOC can protect your California FEHA rights through “dual filing” agreements, but it’s safer to file directly with CRD. If you’re unsure, file with both agencies. The EEOC has shorter deadlines (300 days for dual-filed charges).

What if I signed a severance agreement—does that affect deadlines?

Signing a severance agreement with a release may waive your claims entirely (depending on what you signed). The statute of limitations is irrelevant if you’ve waived your rights. Never sign severance agreements without consulting an attorney. You typically have 21-45 days to consider severance offers.

Related Topics

Don’t Wait—Protect Your Rights Now

Statute of limitations deadlines are unforgiving. Missing your deadline by a single day destroys otherwise valid claims. If you’ve experienced retaliation, calculate your deadline immediately, document everything, and consult an employment attorney.

The best way to avoid statute of limitations problems is to file early. Don’t wait until the deadline approaches. Act now while evidence is fresh and your rights are protected.

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.

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