California Wrongful Termination Statute of Limitations 2024

Losing your job can be a demoralizing and heartbreaking experience, especially if you feel you have lost your job for illegal reasons. While California is an at-will state for employment, it is still illegal to terminate someone’s employment under certain conditions. If you believe you have been a victim of wrongful termination, you may want to consider reaching out to an employment lawyer before the California wrongful termination statute of limitations expires.

California Wrongful Termination Statute of Limitations

Under the California Fair Employment and Housing Act, the statute of limitations for a wrongful termination claim in California is three years. That means you will have three years from the date of your initial termination to build a case, speak with a lawyer, gather evidence, and file a claim with the California Civil Rights Department (CCRD). After the CCRD completes its investigation, you will have one year to file a wrongful termination lawsuit.

If you fail to file a claim with the CCRD before three years are up or fail to file a wrongful termination suit after their investigation is completed, your case may be dismissed, and your chance to pursue damages may no longer be possible.

Possible Avenues for a Wrongful Termination Claim

There are multiple situations where firing an employee is illegal. As an at-will state, employers and employees can separate for any reason at any time. As with all rules, however, there are still exceptions to this. Employees have the right to file a wrongful termination claim if they are terminated for unjust causes, including:

• Discrimination. It is illegal to discriminate against anyone for any protected traits, including pregnancy, age, race, religion, skin color, gender, sexual orientation, national origin, disability, marital status, or political views, among others. Employers cannot legally make any job decisions, including a termination, based solely on any of these traits. If you can prove that they did, you may have grounds for a wrongful termination claim.
• Retaliation. If you attempt to exercise your employment rights by reporting unfair practices committed by your employer, your employer is prevented from retaliation. Making a complaint, reporting harassment, or being denied family leave are just some of the situations that could result in your employer lashing out at you through retaliation.
• Hostile work environment. Harassment is illegal according to state and federal labor laws. Some companies simply refuse to acknowledge or penalize harassment, and the practice becomes an unfortunate part of the work culture. That then fosters a hostile work environment, where some employees find it difficult to be productive and fulfill their duties.
• Breach of contract. Many jobs in California have an employment contract that comes with them. When you are offered the job, you and your employer may sign this contract granting you employment under certain conditions that your employer has met. However, if your employer fires you without because that’s listed in the contract, you may have considerable grounds for a wrongful termination lawsuit.

These are just a few examples of circumstances that could lead to a wrongful termination claim against your employer. There are several situations that could lead to this outcome. If you feel you have been terminated for unjust causes, you should speak with an employment lawyer as soon as possible.

Unfortunately, many employers will mask the termination under legal grounds. With the help of an attorney, you can hold your employer accountable for their actions and seek compensation for the employment opportunities that were denied to you. You’re right to earn a living for yourself, and your family should always be a priority.

FAQs

How Long Do I Have to File a Wrongful Termination Claim in California?

Under the California Fair Employment and Housing Act, you have three years to file a wrongful termination claim from the date of your firing. Within this time, you will need to speak with a lawyer and file a claim for compensatory damages. If you fail to file before those three years are up, your case may not be considered, and your opportunity to seek damages may pass.

Can I Sue My Employer for Emotional Distress in California?

Yes, you can sue your employer for emotional distress in California. Under the FEHA, you may be able to pursue additional damages in a wrongful termination case, including emotional distress, due to your employer recklessly disregarding your feelings throughout this entire process. In addition, if your workplace fostered a hostile work environment that you feel caused your termination, you may be able to pursue damages for emotional distress due to harassment or discrimination.

What Is the Settlement for Wrongful Termination in California?

The settlement amount for a wrongful termination suit in California will vary depending on the circumstances of your case. Every claim is different, and it is important that yours is reviewed by an employment lawyer who can help you understand what compensation you may be entitled to. Considerations such as the details of your termination, the evidence of wrongdoing, the severity of your situation, and your lawyer’s negotiation skills will all have an impact.

Do I Need a Lawyer for a Wrongful Termination Case in California?

While you can likely navigate a wrongful termination claim without a lawyer, it is always recommended to seek the knowledge and experience of one. Having someone on your side who understands the complexities of California labor laws can only help you in the long run. Often, employers will have corporate lawyers who are looking out for the interests of the company and may attempt to offer a lower settlement than you are entitled to. A lawyer can help you negotiate for a proper outcome.

California Wrongful Termination Lawyer

If you believe that you have been wrongfully terminated, you should consider reaching out to an experienced employment lawyer who can help you file a claim against your employer. The legal team at Shirazi Law Firm, PC, knows how complicated these matters can be, and that will no doubt raise many questions. Contact us and get the answers you deserve.