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California Wrongful Termination Statute of Limitations: Deadlines to Sue (2025)

If you were wrongfully terminated in California, you have a limited time to take legal action. The California wrongful termination statute of limitations varies depending on the type of claim you file. Miss your deadline, and you permanently lose your right to sue your former employer, no matter how strong your case.

Understanding these deadlines is critical. California law provides different time limits for different types of wrongful termination claims, ranging from one year for defamation to four years for written contract breaches. The clock usually starts ticking the day you were fired, and courts strictly enforce these deadlines with very few exceptions.

This guide explains every deadline that applies to wrongful termination cases in California, when the clock starts, what happens if you miss your deadline, and how to protect your legal rights.

Why Statute of Limitations Matters

The statute of limitations is the deadline by which you must file your lawsuit. Once this deadline passes, the court will dismiss your case immediately, even if you have overwhelming evidence that you were wrongfully terminated.

Courts enforce these deadlines strictly. There is no mercy rule for people who were unaware of the deadline or who thought they had more time. Ignorance of the law is not an excuse that will save your claim.

Here’s why these deadlines exist:

  • Evidence preservation: Over time, witnesses forget details, documents disappear, and memories fade
  • Fairness to defendants: Employers deserve to know when potential claims are resolved
  • Legal finality: The justice system needs closure on potential disputes
  • Efficient resolution: Deadlines encourage prompt action when evidence is fresh

Missing your deadline means your claim is permanently barred. You cannot revive it, file it again, or ask the court for another chance. The opportunity to hold your employer accountable is gone forever.

California Wrongful Termination Deadlines by Claim Type

California recognizes several different types of wrongful termination claims. Each has its own statute of limitations. You may have multiple claims arising from the same termination, which means tracking multiple deadlines.

FEHA Discrimination and Retaliation Claims: 3 Years

The Fair Employment and Housing Act (FEHA) protects California employees from discrimination, harassment, and retaliation based on protected characteristics. Under California Government Code § 12960, you have three years from the date of termination to file a complaint with the Civil Rights Department (CRD, formerly known as DFEH).

FEHA covers termination based on:

  • Race, color, or national origin
  • Religion or creed
  • Age (40 and older)
  • Sex, gender identity, or gender expression
  • Sexual orientation
  • Disability or medical condition
  • Pregnancy or childbirth
  • Marital status
  • Military or veteran status
  • Genetic information

The three-year deadline applies to filing your initial complaint with the CRD. After the CRD investigates and issues a right-to-sue notice, you have one additional year to file a lawsuit in court.

Alternatively, you can request an immediate right-to-sue notice and file your lawsuit in court within three years of the termination without waiting for a CRD investigation.

FEHA provides one of the longest deadlines for wrongful termination claims in California, giving employees substantial time to gather evidence and consult with an attorney.

Wrongful Discharge in Violation of Public Policy: 2 Years

California recognizes wrongful termination when an employer fires an employee for reasons that violate fundamental public policy. This common-law tort claim has a two-year statute of limitations under California Code of Civil Procedure § 335.1.

Wrongful discharge in violation of public policy covers firing for:

  • Refusing to commit an illegal act (such as falsifying records or tax fraud)
  • Reporting illegal activity (whistleblowing)
  • Exercising a legal right (filing a workers’ compensation claim, taking protected leave)
  • Performing a legal duty (jury duty, military service)

For example, if your employer fired you on January 15, 2023, for reporting safety violations to OSHA, you must file your lawsuit by January 15, 2025. After that date, your claim is permanently barred.

This two-year deadline is shorter than FEHA claims, so timing matters if you have multiple potential claims from the same termination.

Written Employment Contract Breach: 4 Years

If you had a written employment contract that your employer breached by terminating you, you have four years to file a lawsuit under California Code of Civil Procedure § 337.

This deadline applies when you have:

  • A signed employment agreement specifying a contract term or duration
  • An offer letter guaranteeing employment for a specific period
  • A contract stating you can only be terminated for “just cause”
  • Written terms that were violated when you were fired

The key requirement is a genuine written contract. Most California employees are at-will, meaning they can be fired for any legal reason. An employee handbook or policy manual typically does not create a contract unless it explicitly promises continued employment.

If your written contract guaranteed employment for two years and you were fired after six months without just cause, you have four years from the termination date to sue for breach of contract.

Oral Contract Breach: 2 Years

Verbal promises about employment are much harder to prove, but California law recognizes oral employment contracts. If you can prove your employer made binding verbal promises that were breached when you were terminated, you have two years to file suit under California Code of Civil Procedure § 339.

Oral contract claims are challenging because you must prove:

  • A clear verbal agreement was made
  • Specific terms were promised (duration, termination conditions)
  • You relied on these promises
  • The employer breached the agreement

For example, if your boss verbally promised you job security for three years and fired you after one year, you could potentially pursue an oral contract claim, but you would need strong evidence such as witness testimony or confirming emails.

Defamation (False Statements): 1 Year

If your employer made false statements about you that damaged your reputation, you may have a defamation claim. California Code of Civil Procedure § 340(c) gives you just one year from the date the defamatory statement was made or published to file suit.

Defamation in the employment context includes:

  • False statements in termination letters
  • Lies told to prospective employers during reference checks
  • Untrue accusations shared with coworkers or clients
  • Fabricated reasons for termination published to third parties

This is the shortest deadline for wrongful termination-related claims. If your employer sent a termination letter on March 1, 2024, containing false accusations of theft, you must file your defamation lawsuit by March 1, 2025.

The one-year deadline applies separately to each defamatory statement, so the clock may start on different dates if your employer made multiple false statements.

Labor Code Violations: Varies

California Labor Code violations have different statutes of limitations depending on the specific violation:

  • Unpaid wages: Three years under California Code of Civil Procedure § 338
  • Waiting time penalties: Three years (penalties for not paying final wages promptly)
  • Meal and rest break violations: Three years
  • Wage statement violations: One year (extended to three years if you prove knowing and intentional violation)

Many wrongful termination cases include wage claims because employers often withhold final paychecks or fail to pay accrued vacation time when terminating employees.

When Does the Clock Start? (Accrual Rules)

Understanding when your statute of limitations begins is just as important as knowing the deadline itself. The general rule is simple: the clock starts on the date of your termination.

For most wrongful termination claims, accrual occurs on your last day of employment. If you were fired on June 15, 2023, your two-year wrongful discharge claim must be filed by June 15, 2025.

For constructive discharge (when you were forced to resign), the clock starts when you actually resign, not when the intolerable working conditions began. You must prove your employer made conditions so unbearable that a reasonable person would have felt compelled to resign.

For continuing violations, if your employer engaged in an ongoing pattern of discriminatory conduct that culminated in termination, the entire pattern may be considered one continuing violation. This can extend the deadline for earlier acts that would otherwise be time-barred. However, courts apply this doctrine narrowly.

For delayed discovery, some claims accrue when you discover the violation rather than when it occurred. This is rare in termination cases because you obviously know when you’ve been fired. Discovery rule applies mainly to fraud or concealment cases.

The Discovery Rule Exception

The discovery rule delays the start of the statute of limitations until you knew or reasonably should have known about your claim. In wrongful termination cases, this exception rarely applies because termination is an obvious event.

However, the discovery rule may apply when:

  • Your employer fraudulently concealed the real reason for your termination
  • You discovered discriminatory reasons for your firing months after the termination
  • Medical conditions caused by workplace actions weren’t diagnosed until later

For example, if your employer told you that you were laid off due to budget cuts, but you later discovered through documents that you were actually targeted because of your age, the discovery rule might extend your deadline.

Courts apply this exception narrowly. You are expected to investigate your claim promptly. If you had reason to suspect discrimination but delayed investigating, the discovery rule will not save your claim.

Continuing Violation Doctrine

When an employer engages in a series of related wrongful acts, the continuing violation doctrine may allow you to include earlier conduct that would otherwise be outside the statute of limitations.

To qualify as a continuing violation, the conduct must be:

  • Part of an ongoing pattern or practice
  • Related by more than the same type of discrimination
  • Connected by a common discriminatory motive

For example, if you experienced three years of escalating age-based harassment that culminated in termination, the entire pattern might constitute one continuing violation. This would allow you to include harassment from more than three years ago in your FEHA claim, even though the statute of limitations is three years.

However, the California Supreme Court has narrowed this doctrine significantly. Each discrete act of discrimination (like a denied promotion or negative performance review) typically triggers its own statute of limitations. The continuing violation doctrine usually does not extend deadlines for discrete adverse employment actions.

Tolling: When the Clock Pauses

Tolling temporarily pauses the statute of limitations. When the tolling event ends, the clock resumes where it left off. California recognizes very limited tolling circumstances:

Disability: If you were legally incapacitated when your claim accrued (due to mental illness or other disability preventing you from managing your affairs), the statute may be tolled until the disability ends. This is a high bar to meet.

Minority: If you were under 18 when wrongfully terminated, the statute of limitations may be tolled until you turn 18.

Fraudulent concealment: If your employer actively concealed facts essential to your claim through fraud, the statute may be tolled until you discovered or should have discovered the fraud.

Defendant’s absence: If your employer leaves California to avoid service of process, the time they are absent may not count toward the statute of limitations.

These tolling provisions are construed narrowly. Simply being unaware of the law or your rights does not toll the statute. Neither does difficulty finding an attorney or gathering evidence.

Multiple Claims = Multiple Deadlines

A single termination can give rise to several different legal claims, each with its own deadline. You must track all applicable deadlines to preserve all your rights.

Example scenario: You are a 55-year-old employee fired on January 1, 2024. Your employer told coworkers you were fired for poor performance, but you believe you were actually terminated because of your age. Your employer also refused to pay your final wages and accrued vacation.

Your potential claims and deadlines:

  • FEHA age discrimination: File CRD complaint by January 1, 2027 (3 years)
  • Wrongful discharge in violation of public policy: File lawsuit by January 1, 2026 (2 years)
  • Defamation (false statements about poor performance): File lawsuit by January 1, 2025 (1 year)
  • Unpaid wages: File lawsuit by January 1, 2027 (3 years)

If you file only the age discrimination claim and let the defamation deadline pass, you permanently lose the defamation claim even if the other claims proceed.

A skilled employment attorney will identify all potential claims and ensure you preserve each one before its deadline expires.

Examples: Calculating Your Deadline

Let’s work through several realistic scenarios to illustrate how these deadlines apply:

Example 1: FEHA Disability Discrimination

Maria was terminated on March 15, 2023, after requesting reasonable accommodation for her disability. She has until March 15, 2026, to file a CRD complaint. If she files with CRD on January 10, 2026, and receives a right-to-sue notice on February 1, 2026, she then has until February 1, 2027, to file her lawsuit in court.

Example 2: Wrongful Discharge for Whistleblowing

James was fired on August 1, 2023, after reporting safety violations to Cal/OSHA. His wrongful discharge in violation of public policy claim has a two-year deadline. He must file his lawsuit by August 1, 2025. If he files on August 2, 2025, his case will be dismissed immediately.

Example 3: Multiple Claims with Different Deadlines

Sarah was terminated on June 1, 2023. Her employer made false statements to a prospective employer (defamation), failed to pay her final wages, and she believes she was fired because of her pregnancy. Her deadlines are:

  • Defamation: June 1, 2024 (1 year)
  • FEHA pregnancy discrimination: June 1, 2026 (3 years for CRD filing)
  • Unpaid wages: June 1, 2026 (3 years)

Sarah must file her defamation claim first to preserve it, while she has more time for the other claims.

Example 4: Written Contract Breach

David had a two-year written employment contract guaranteeing he could only be terminated for just cause. He was fired without cause on September 1, 2023. He has until September 1, 2027 (four years), to file his breach of contract lawsuit.

Example 5: Continuing Violation

Lisa experienced ongoing racial harassment from January 2021 through her termination on January 1, 2024. If the harassment constitutes a continuing violation, she may be able to include some pre-January 2021 conduct in her FEHA claim filed by January 1, 2027. However, each discrete discriminatory act (like a denied promotion in 2020) would have its own statute of limitations.

What Happens If You Miss the Deadline

Missing your statute of limitations deadline has one consequence: your claim is dismissed, and you lose your right to sue forever.

Here’s what happens when you file after the deadline:

  1. Motion to dismiss: Your employer files a motion arguing your case is time-barred
  2. Automatic dismissal: The court grants the motion without examining the merits of your case
  3. No appeal: You cannot appeal the dismissal based on the strength of your evidence
  4. Permanent bar: You can never refile the claim

The court will not consider:

  • How strong your evidence is
  • Whether the termination was obviously illegal
  • Why you missed the deadline
  • Whether you were confused about the law
  • Whether you had difficulty finding an attorney

There are no exceptions for ignorance of the deadline, difficulty gathering evidence, settlement negotiations with your employer, or personal hardships you experienced.

Even if you have a video recording of your boss saying “I’m firing you because of your religion,” if you file your lawsuit one day after the statute of limitations expires, your case will be dismissed.

FEHA Claims: Two Steps, Two Deadlines

FEHA claims are unique because they involve a two-step process with two separate deadlines.

Step 1: File with the Civil Rights Department (CRD)

You have three years from the date of termination to file an administrative complaint with the CRD. You can file online, by mail, or in person. The CRD investigates your complaint and attempts to resolve it through mediation or investigation.

Step 2: Obtain Right-to-Sue and File Lawsuit

After the CRD completes its investigation (or if you request immediate right-to-sue), you receive a right-to-sue notice. You then have one year from the date of the right-to-sue notice to file your lawsuit in court.

Alternative path: You can request an immediate right-to-sue notice without waiting for investigation. If you do this, you must file your court lawsuit within three years of the termination date.

Many attorneys prefer to request immediate right-to-sue so they can file directly in court rather than waiting for the CRD’s administrative process. This preserves your three-year deadline for the court filing.

Key deadlines:

  • CRD administrative complaint: 3 years from termination
  • Lawsuit after right-to-sue: 1 year from right-to-sue notice OR 3 years from termination (whichever comes first)

Filing with the CRD does not stop the three-year clock for filing in court if you use the immediate right-to-sue option.

Steps to Protect Your Rights

To ensure you don’t lose your wrongful termination claim to a statute of limitations deadline, take these steps immediately:

1. Document your termination date

Write down the exact date of your last day of work. If you resigned under duress (constructive discharge), document the resignation date and the events that forced you to resign.

2. Consult an employment attorney immediately

Don’t wait to see how things develop or hope your employer will make things right. Schedule a consultation with an experienced employment lawyer within weeks of your termination. Most offer free initial consultations.

3. Preserve evidence

Gather and save all documents related to your employment and termination:

  • Termination letters or emails
  • Performance reviews
  • Employee handbook
  • Emails and text messages with supervisors
  • Witness contact information
  • Medical records (for disability or stress claims)

4. File your CRD complaint promptly

For FEHA claims, don’t wait until the three-year deadline approaches. File your CRD complaint within months of termination while evidence is fresh and witnesses are available.

5. Create a deadline calendar

List every potential claim and its deadline. Set reminders well before each deadline expires. Share this calendar with your attorney.

6. Don’t rely on employer promises

If your employer says “Let’s work this out internally” or “We’ll resolve this if you just give us time,” remember that these promises don’t stop the statute of limitations clock. Get any settlement offers in writing and continue pursuing your legal remedies.

Common Mistakes That Cost Your Claim

Many wrongfully terminated employees lose valid claims by making these preventable mistakes:

Waiting too long to consult an attorney

Many people wait months or even years before seeking legal advice. By then, critical deadlines may have passed, witnesses may have left, and evidence may be lost.

Confusing state and federal deadlines

Federal discrimination claims filed with the EEOC have a 300-day deadline in California (about 10 months). California’s three-year FEHA deadline is much longer. Some employees file with EEOC and think they’ve preserved all their rights, not realizing they have additional state law claims.

Missing the CRD filing deadline

Some employees believe they can skip the CRD and file directly in court for FEHA claims. While you can request immediate right-to-sue, you still must file with CRD first. Failing to exhaust administrative remedies can get your case dismissed.

Believing settlement talks stop the clock

Negotiating with your employer about severance or settlement does not toll the statute of limitations. The deadline keeps running while you negotiate. Many employees lose their legal leverage because they spent too long in informal discussions.

Thinking they have “plenty of time”

Three years seems like a long time, but investigating your claim, finding an attorney, gathering evidence, and preparing your case takes months. Attorneys may decline cases filed close to the deadline because there’s insufficient time to properly prepare.

Not identifying all potential claims

Employees often focus on one obvious claim (like age discrimination) and miss other claims with shorter deadlines (like defamation or wrongful discharge). Each claim must be preserved before its own deadline expires.

Federal vs California Deadlines

California employees can often file claims under both federal and state law. The deadlines are dramatically different:

Federal EEOC Claims: 300 Days

Federal discrimination claims under Title VII, ADA, or ADEA must be filed with the EEOC within 300 days of the discriminatory act in states with their own anti-discrimination agencies (like California). That’s less than 10 months.

California CRD/FEHA Claims: 3 Years

California’s FEHA claims provide three years to file with the CRD, more than three times longer than federal deadlines.

Which is better?

California’s FEHA typically provides stronger protections than federal law:

  • Longer statute of limitations (3 years vs. 300 days)
  • Applies to smaller employers (5+ employees vs. 15+ for Title VII)
  • Broader protected classes (includes gender identity, military status)
  • More generous remedies in some cases

Can you file both?

Yes. You can file both EEOC and CRD complaints for the same termination. The CRD and EEOC have a work-sharing agreement that allows cross-filing. Many attorneys file both to preserve all options.

However, California’s longer deadlines and broader protections make state law claims preferable in most cases. Don’t let the 300-day EEOC deadline pass if you want to preserve federal claims, but prioritize your California FEHA rights.

Consult an Attorney About Your Specific Deadlines

This guide provides general information about California wrongful termination statutes of limitations, but every case is unique. The specific deadline that applies to your situation depends on:

  • The exact nature of your termination
  • The type of claims you can assert
  • When you discovered certain facts
  • Whether any tolling provisions apply
  • Your employment contract terms
  • The specific violations involved

Don’t risk losing your claim by self-diagnosing your deadlines. An experienced California employment attorney can:

  • Identify all potential claims arising from your termination
  • Calculate the precise deadline for each claim
  • Advise whether any exceptions or extensions apply
  • File necessary complaints and lawsuits before deadlines expire
  • Preserve your maximum legal remedies

Most employment attorneys offer free initial consultations and work on contingency (they only get paid if you recover compensation). Contact an attorney immediately after your termination to protect your rights.

Remember: Once the statute of limitations expires, your claim is lost forever. No amount of evidence or merit can revive a time-barred claim. Don’t wait.

Related Topics

Legal Disclaimer: This article provides general information about California wrongful termination statutes of limitations and should not be construed as legal advice. Statutes of limitations are strictly enforced, and the specific deadline applicable to your case depends on numerous factors unique to your situation. Missing your deadline permanently bars your claim. Consult with a qualified California employment attorney immediately after your termination to determine your specific deadlines and preserve all your legal rights. Do not rely on this article to calculate your filing deadline.