Statute of Limitations for Wrongful Termination in California
Every California employee has the right to work free of discrimination and retaliation. When an employer fires a worker for a discriminatory reason, it is wrongful termination.
As an employee, losing a job can be devastating. It can feel even worse if your employer terminates your employment because of a protected characteristic or action, like your race or sex. In California, the Fair Employment and Housing Act (FEHA) defines wrongful termination as discrimination, an unlawful employment practice, and a civil rights violation. The law also gives wrongfully terminated employees the right to sue an employer to recover damages. However, you have a limited time to file a lawsuit—a legal requirement known as the “statute of limitations.” Contact us today to learn more.
What Is the Statute of Limitations for Wrongful Termination?
If you’ve experienced wrongful termination in California, the statute of limitations is three years for a discrimination claim under FEHA. However, you have 300 days to file a charge with the Equal Employment Opportunity Commission (EEOC) if you wish to file a federal lawsuit. In addition, you are limited to one year for retaliation claims and specific characteristics protected under California Labor Law.
If you’ve been wrongfully terminated, it’s critical to understand the statute of limitations for your case and to act quickly. The timeline for bringing an employment lawsuit is complex and unpredictable, and each case is unique. An experienced employment law attorney can help you understand the specific timeline for your case and guide you through seeking justice and compensation.
What Is Protected?
FEHA prohibits an employer from firing an employee for an unlawful reason. It is discrimination if the employer bases their decision to terminate a worker’s employment on a protected characteristic. It is also against the law for an employer to fire an employee for reporting a labor or employment violation.
California law prohibits employment discrimination based on several protected characteristics, including:
- Race or national origin;
- Age (40 years of age or older);
- Gender or sex, including pregnancy, childbirth, or related medical conditions;
- Sexual orientation;
- Gender identity and expression;
- Marital Status;
- Medical condition; or
The California Civil Rights Department and the federal EEOC enforce these protections. In addition, it is against the law to fire an employee for taking action against an employment violation. If you believe that you have been the victim of employment discrimination, it is important to take action as soon as possible to protect your rights and seek justice.
What To Do if You Experience Wrongful Termination
If your employer terminated your employment in violation of your rights, you are not alone, and you can start the process of taking action. The steps below can help protect your rights and ensure you receive the justice and compensation you deserve.
Keep Detailed Records
Make a record of every incident of discrimination, harassment, or retaliation. Keep notes, emails, voicemails, or any other documentation. Ask your co-workers to keep records if they witness the incident.
Report the Incident
Report the incident to your employer and follow your company’s procedures for reporting discrimination. If your employer does not take appropriate action, you may need to file a complaint.
Consult an Attorney
If you have experienced discrimination, harassment, or retaliation in the workplace, it is important to consult an experienced employment law attorney who can advise you on your rights and options. An attorney can help you understand the statute of limitations, file a complaint, and negotiate your claim.
Know Your Rights
Make sure you understand what constitutes discrimination, harassment, or retaliation and are familiar with the laws that protect your rights, including the FEHA and Title VII of the Civil Rights Act of 1964. Some of the most important workers’ rights in California include the right to:
- A safe workplace,
- Fair pay,
- Meal and rest break,
- Freedom from discrimination and harassment,
- Take time off for a serious health condition or to care for a family member, and
- To take time off for jury duty or other judicial proceedings.
When you feel your rights have been violated in the workplace, reach out to our attorneys. We will help you understand your rights and options.
Contact Bibiyan Law Group to Begin Your Wrongful Termination and Discrimination Case
If you believe you’ve been fired for an unlawful reason, you have the right to recover damages. Don’t wait to file your case. Our attorneys are familiar with the statute of limitation for wrongful termination in California, the California laws and courts, and what it takes to win an employment law case. We dedicate ourselves to serving California employees and collect millions of dollars annually for our clients. If you want to take advantage of our team of 20 attorneys and our decades of experience with employment law, choose Bibiyan Law Group for your case.