Legal Question in Employment Law in California

Statute Of Limitations On Wrongful Firing

I would like to know if there is a statut of limitations on filing a wrongful termination suit against an employer?


Asked on 4/10/98, 1:28 pm

1 Answer from Attorneys

Thomas Pavone Pavone & Cohen

Wrongful Discharge Statute of Limitations

In California various limitations periods can apply to "wrongful Discharge" claims.

Contract claims carry a 2 year S/L for oral contracts and 4 years for written contracts. Public policy claims must be filed within 1 year. State discrimination claims must be filed with the State Dept. of Fair Employment and Housing within one year of the discriminatory action, and a lawsuit must be filed within 1 year of issuance of a right to sue letter by the DFEH.

There are other limitations periods as well, but the above are the most common in employment litigation.

The above is meant to assist in a general understading of the subject matter. IT IS NOT TO BE REGARDED AS LEGAL ADVICE AND NO ATTORNEY - CLIENT RELATIONSHIP HAS BEEN ESTABLISHED. Companies and individuals with particular questions should seek advice of counsel.

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Answered on 4/30/98, 9:33 pm


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