Legal Question in Employment Law in California
Wrongful Termination
What is the statute of limitations for a wrongful termination lawsuit? Also, I need to know what forms to fill out to begin the proceedings. I have not found an attorney willing to take my case, and it's too old for the EEOC to take it
1 Answer from Attorneys
Re: Wrongful Termination
One must file a complaint with the CA Dept. of Fair Employment and Housing within 1 year of the termination if based upon prohibited discrimination. It appears that there's a 2-year limitation on filing if based upon violation of public policy, but the appellate courts have not decided that issue yet so it's uncertain. If based upon simple breach of written contract, it's 4 years; if upon breach of oral contract, it's 2 years; if based upon fraud, it's 3 years. So, what I'm saying is there's no "one size fits all" answer.
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