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What is the statute of limitations for filing an employment lawsuit?

The statute of limitations refers to the legal time frame within which an individual must file a claim. If a lawsuit is not initiated within this period , the right to pursue legal action is generally lost. 

     In employment law, the statute of limitations varies depending on the type of claim and applicable state or federal regulations. Here are the key deadlines for employment-related claims in California: 

  • Discrimination claims: Employees who face discrimination based on race, gender, age, disability or other protected characteristics must file a complaint with California’s Civil Rights Department (CRD) within 1 year of the discriminatory act. Once the CRD issues a right-to-sue notice, the employee has one additional year to file a lawsuit.
  • Wrongful termination: Lawsuits for wrongful termination must generally be filed within 2 years from the date of dismissal. If the claim involves a violation of public policy, the deadline may extend up to 4 years. 
  • Retaliation claims :  The statute of limitations for retaliation claims depends on the specific circumstances. Most workplace retaliation claims must be filed within 1 year from the adverse action.  However , exceptions exist, such as retaliation related to reporting violations in child daycare facilities, which must be filed within 90 days. Additionally, if the retaliation involves a minor, the filing period does not begin until they turn 18 years old. Workplace safety violations reported under OSHA must be filed within 30 days of the retaliation act. 
  • Wage and hour violations : Employees seeking to recover unpaid wages, overtime, or meal and rest break violations have 3 years from the date of the violation to file a claim. If the issue involves pay discrimination based on gender, race, or ethnicity , the deadline is 2 years, or 3 years if the violation was willful. 
  • Sexual harassment claims: Like discrimination cases, sexual harassment complaints must be files with the CRD within 1 year , followed by One additional year to initiate a lawsuit after receiving a right-to-sue notice. 

Breach of employment contract: The deadline to file a claim for breach of an employment contract depends on whether the agreement was oral or written. For oral contracts, employees have 2 years from the date of the breach to file a lawsuit. In contrast, written contracts allow for a 4 year window to bring a legal claim.

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