California Wrongful Termination Statute of Limitations

Losing a job may be one of the most stressful experiences a person can have, and if it happens because of an employer’s unlawful actions, California residents are entitled to file a legal claim for wrongful termination. However, certain procedures must be followed, and the most important one might be filing the claim within the legal time frame. A qualified employment lawyer can help you determine if you are within the time frame and ensure you meet the deadline.

Wrongful Termination Explained

California is an at-will employment state. This means that most of the approximately 19 million people in the workforce in California can quit their jobs at any time, regardless of reason, and an employer can also fire a worker at any time, regardless of reason. Some jobs have employment contracts, but the majority of jobs in California fall under the at-will employment rule.

However, there are some situations where an employer cannot legally fire an employee. Some of these include:

• Discrimination or harassment due to race, gender, disability, sexual orientation, or other protected characteristics
• Taking family leave for pregnancy, childbirth, or other medical reasons
• Retaliation for filing complaints or whistle-blowing
• Claiming rights like jury duty or holding public office
• Breach of contract
• Refusing to work off the clock or violate other employment laws

Wrongful termination laws apply to all employees in California, exempt and non-exempt, full-time and part-time. However, they do not apply to independent contractors. For example, failing to renew a contract does not constitute wrongful termination. If you are not sure if wrongful termination laws apply to you, a knowledgeable employment attorney can help you determine your employment status.

Wrongful Termination Statute of Limitations

Wrongful termination can be covered by federal law, state law, or both. California has some of the most employee-centered laws in the U.S., including several that apply to wrongful termination cases. Each law is handled by different agencies and has a different process, including the statute of limitations.

Fair Employment and Housing Act (FEHA)

This is a California state law that prohibits discrimination, harassment, and retaliation based on protected characteristics, such as race, religion, gender, sex, sexual orientation, disability, and others. This law is enforced by the California Civil Rights Department (CRD). You have three years from your termination to file a claim under FEHA. More than 25,000 complaints were filed under this law in 2023, which resulted in nearly 15,000 “right-to-sue” notices.

California Family Rights Act (CFRA)

This state law provides job-protected leave for employees to care for their own medical condition or a family member’s medical condition, including labor and delivery. This is also enforced by the CRD and has a three-year deadline.

California Labor Code

This is also a state law and covers wages, hours, safe working conditions, and other employee rights. It prohibits being fired for actions, such as complaining about unpaid working hours or overtime, reporting safety violations, also known as whistleblowing, or taking time off as a victim of a crime. The California Division of Labor Standards Enforcement (DLSE) enforces this law. Wage-related claims have a three-year statute of limitations, and other violations vary.

Title VII of the Civil Rights Act of 1964

Also called just Title VII, this is a federal law that prohibits discrimination based on protected characteristics. There is overlap with FEHA, but it provides an additional avenue for wrongful employment claims. This is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). There is generally a 180-day filing deadline.

The CRD and EEOC have a work-sharing agreement, also called dual filing, which means that if you file a complaint with one agency, they will automatically share your complaint with the other agency. Part of this agreement also extends the filing deadline to 300 days.

Americans with Disabilities Act (ADA)

This is a federal law that prohibits discrimination based on disabilities and also requires employers to make reasonable accommodations for the more than four million California residents with disabilities. This is enforced by the EEOC and has the same 180-day deadline or 300-day dual filing deadline.

FAQs

Can You Be Fired Without Warning in California?

Yes, you can be fired without warning in California because of the state’s at-will employment rule. This allows an employer to fire an employee at any time for any reason. There are some exceptions, such as union jobs or jobs with employment contracts. Many companies have policies that follow a specific disciplinary process, but such a process is not required by California law unless there is a contract.

What Is the Burden of Proof for Wrongful Termination in California?

The burden of proof for wrongful termination in California is that the employee has to prove the wrongful termination claim. To do so, they have to show that they were employed by the company, they were meeting performance expectations, they were terminated from their job, and the circumstances of the firing were unlawful. Unlike a criminal case, the employee only has to prove that it is more likely than not that they were wrongfully terminated.

What Is the Settlement for Wrongful Termination in California?

The settlement amount for a wrongful termination case in California can vary, depending on the facts of the case. These include the total amount of lost wages, the nature of termination, whether there is evidence that the wrongful behavior was willful, the emotional distress of the employee, reputational damage, the employee’s age and experience, and the company’s financial status. A skilled employment lawyer is the most reliable way to determine your possible settlement.

Do I Need a Lawyer for Wrongful Termination?

A lawyer is not required for a wrongful termination claim, but it is recommended. Wrongful termination cases can be complicated, especially when the reason for termination falls under the jurisdiction of more than one law and more than one enforcement agency. Each agency has its own requirements and process, and simple mistakes can have a big impact on the outcome of the case. A lawyer can improve your chances of getting your desired outcome.

Dedicated Employment Law Firm

Asbill Law Group, APLC is committed to standing up for employee rights. With over ten years of experience in employment law, our dedicated attorneys can help you hold bad-acting employers accountable and recover the compensation you earned. Contact our office right away to schedule a consultation.