What To Know About Employment Law Statute of Limitations in CA

If your employer has harassed you, discriminated against you, breached a contract, or broken the law, you have the right to file a claim in the State of California – but you may need to hurry to file before time runs out. California has set a statute of limitations for most workplace claims.

A statute of limitations limits the amount of time someone has to file a lawsuit. Depending on the situation, the statute of limitations for employment claims in California generally ranges from one to four years. There are exceptions to California’s employment law statute of limitations, of course, so filing a claim may be complicated.

What is a Statute of Limitations?

It is the amount of time you have to file a suit. Once the this time frame has passed, you cannot take action against your employer.

Statute Of Limitations Can Vary

The amount of time set by the statute of limitations for employment can be as little as six months or as long as four years, depending on the claim.

Here are a few claims and their statute of limitations:

• Workers who have been harassed, discriminated against, or experienced retaliation have three years to file an administrative complaint of discrimination with the California Civil Rights Department; if the department determines that the worker has a valid complaint, they will issue a Right to Sue Notice, which gives the employee permission to file a lawsuit in a California court
• Employees have one year from the date of the Right to Sue Notice to file a harassment, discrimination, or retaliation lawsuit
• Workers have one year to file certain claims for specific Labor Code violations
• The courts give workers three years to file most claims of retaliation or wrongful termination
• Workers have two years to sue employers who breach an oral contract
• Workers have at least three years to file overtime claims when their employers fail to pay the wages or overtime due the employees
• The courts give employees three years to sue for illegal deductions from paychecks, denial of rest breaks or meals, or unpaid bonuses
• Employees have four years to sue for breach of a written contract

What Are The Exceptions?

There are several exceptions to the statute of limitations in California. 

Some of the exceptions are:

1. The employer and employee can agree to stretch the statute of limitations; these agreements, known as tolling agreements, gives both sides more time to prepare their cases.
2. The statute of limitations can be put on

Other exceptions exist. A worker who experiences harassment over a long time may have more time to file their claim, for example, and someone who doesn’t realize the behavior they are experiencing is illegal may be granted more time.

Has Your Boss Discriminated Against You Or Done Something Else, But You Are Worried That It Is Too Late To Do Something About It? Contact Your California Employment Attorney At D.Law!

You may have very little time to file a claim against an employer, so act now and call us today! Our attorneys have decades of experience in California employment law and workers’ rights – our employment lawyer can help you determine if the statute of limitations has run out for your claim while working in the Bay Area, San Diego, Fresno, Los Angeles, and other CA cities.