The moment you’re wrongfully terminated, the clock starts ticking on your legal deadline to file a claim. This deadline is known as the California wrongful statute termination of limitations, and missing it could mean that you are not able to use a government agency to address your claim. Understanding the statute of limitations and how it could affect your case is critical for protecting your right to secure compensation following a wrongful termination.

Deadlines for Filing a Wrongful Termination Claim in California

In California, the deadline for filing a wrongful termination claim depends on the type of violation you experienced and where you file. An attorney can explain which legal options you have. In general, terminations that involve discrimination, harassment, or retaliation are filed with the California Civil Rights Department (CRD) within one year of the incident.

If you choose to file your complaint with the federal government, you will work with the Equal Employment Opportunity Commission (EEOC), which sets most deadlines 300 days from the date of the wrongful termination. The EEOC received 4,404 complaints from California workers in 2022, and retaliation is the most frequently alleged basis of discrimination. According to the EEOC, retaliation claims accounted for 51.6% of the reports investigated in 2022.

After an intake form is received, the CRD or EEOC evaluates the complaint to see if it qualifies for acceptance. If the form is accepted, members of the CRD and EEOC investigate the allegations and gather evidence from the complainant and employer. These agencies may try to resolve the issue through mediation, negotiation, or another method. In some cases, the agency may issue a right-to-sue letter that allows the individual to proceed in court.

What Happens If You Miss a Filing Deadline?

If you miss the deadline to file a wrongful termination, you may lose your right to recover damages. Whether or not the claim is valued would not matter. The CRD and EEOC enforce strict time limits for filing, and any missed deadline would likely mean that they would not accept your complaint.

Losing access to the CRD or EEOC complaint process would likely mean that you would not be able to seek remedies like back pay, job reinstatement, or policy changes within your place of work. Filing an administrative complaint is often a required first step before you can pursue civil court action in many cases, so you may find yourself in the position of having to find work elsewhere without any relief from your former employer.

Benefits of Taking Immediate Action After Being Wrongfully Terminated

Taking prompt action following a wrongful termination can provide important benefits beyond meeting critical deadlines. In the days following your unlawful dismissal, gather important documents like your termination letter, employment contract, performance reviews, and other communications related to your termination.

While your memory is still fresh, write down the timeline of events that led to your termination. Request your personnel file from HR and consult with an employment attorney to see if you have a strong case. Delaying these important steps could weaken your case. Your memory of events could become less reliable, and you could lose access to important documents and other pieces of evidence.

FAQs

Q: How Long Do You Have to File a Wrongful Termination in California?

A: Most wrongful termination claims based on public policy must be filed within two years. For discrimination-related claims, such as age bias, you generally have one year to file with the CRD. Missing these deadlines can prevent you from seeking compensation or reinstatement. Verifying the type of claim and applicable deadlines early is essential for protecting your right to pursue employer accountability.

Q: What Is the Burden of Proof for Wrongful Termination in California?

A: You must show that your termination violated a legal protection or public policy. This includes proving age discrimination, retaliation, or breach of contract. Strong documentation, such as internal complaints, emails, and witness statements, strengthens your claim. A clear timeline showing how your termination followed protected activity or unfair treatment can make the case more compelling to the CRD or in court.

Q: What Is the Settlement for Wrongful Termination in California?

A: Settlements depend on back pay, emotional distress, and how clearly the employer acted unlawfully. If age discrimination or retaliation is proven, the amount may increase. Supporting your claim with financial records, documentation of emotional harm, and evidence of biased treatment helps establish value. Employers often settle to avoid litigation when confronted with credible evidence of wrongdoing.

Q: How Long Do I Have to File a Claim Against a Former Employer in California?

A: The time limit depends on the type of claim. For discrimination-related termination, a CRD complaint must be filed within one year. Public policy violations generally allow two years. After filing with the CRD, you must act within the notice period to move forward. Knowing which statute applies to your case determines whether legal action is still an option.

Q: Can You Be Wrongfully Terminated for Being Too Old?

A: No, terminating someone because they are over 40 violates the FEHA and ADEA. If you were let go while younger, less experienced coworkers were retained or promoted, age may have been a factor. Statements referencing retirement or age preferences can further support this claim. Documented patterns of unequal treatment often indicate age-based bias in employment decisions.

Schedule Your Wrongful Termination Consultation Today

If you were wrongfully terminated, taking action quickly is critical. Legal deadlines begin the day you were wrongfully let go, and waiting too long could prevent you from being able to pursue compensation and other forms of relief. The legal team at Theory Law can help you understand filing deadlines and whether or not you still have time to take action.

With our help, you can be fully compensated for the financial losses you suffered due to your wrongful termination. If your case goes to court, you can be further compensated for the emotional distress you suffered. Contact our office today to schedule your consultation so we can begin taking decisive steps to hold your employer accountable for the harm they caused.