Legal Question in Employment Law in California

Can I ask for damages from a former employer for denying me a promotion if I now

After first being wrongfully terminated following 5

years of employment, I was rehired by my employer and

assumed the job functions of another employee who went

out on stress leave. I did not receive her title, but

accepted the job because I was having difficulty

finding work elsewhere. Some time later, my supervisor

was told that they were looking to hire a person for

the position that I had been performing for well over

a year, and he was told that I was not a suitable

candidate for the title. They subsequently hired

someone with less experience, and i believe this has

affected my ability to find work, as the job title I

was left with was very specialized and essentially

nontransferable to another company (Senior Editor of a

magazine). I wonder if I have any legal recourse, as

they ended up selling the company for a large sum of

money, and I have been unemployed for over a year

since. I also have various other issues relating to

stress on the job, etc., but I am unsure as to how I

would go about finding more legal


Asked on 5/23/01, 3:48 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Can I ask for damages from a former employer for denying me a promotion if I

You probably have waited too long to do anything. The Statute of Limitations for most claims, such as discrimination or intentional wrongdoings, is one year. It sounds like that time has passed. Some claims like breach of contract may be 2 years (if verbal) or 4 years (if written) but you haven't indicated that there may be any contractual obligations.

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Answered on 5/24/01, 2:51 pm


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