Legal Question in Employment Law in California

how long after termination do i have to file a lawsuit? I was fired after 12 years do to a simple accident that most people would of maybe been just written up for. no one was hurt come to find out it was equipment malfunction.


Asked on 1/22/13, 10:43 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

There are different statutes of limitations that apply depending on who you worked for and what the theory of your claims are. For example, if you were a public employee, your claim may be as little as 6 months. If you are claiming you were discriminated against because of a protected classification, such as race, gender, age (over 40), etc., you must file an administrative complaint with a state or federal agency within one year. Many other types of wrongful termination claims may be filed within 2 years. A breach of a written contract can be filed within 4 years.

However, based on your post, it is not clear you have a basis for a wrongful termination case. If you worked for a private employer and did not belong to a union, the chances are, you were an "at-will" employee, which means the employer can terminate you for any reason, even an unfair one. To get around that, you would have to be able to prove you were really fired for an unlawful reason.

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Answered on 1/22/13, 10:50 am
Terry A. Nelson Nelson & Lawless

Not only are there no laws against poor management, 'unfair treatment' by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. That is, UNLESS the conduct is based upon discrimination, harassment or retaliation as defined as actually �illegal� under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need.

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Answered on 1/22/13, 12:23 pm


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