California Wrongful Termination Statute of Limitations [2024 Updated]

California is an “at-will” employment state, which means that employers in California can let any employee go whenever they desire. However, they cannot terminate any employee’s position for whatever reason they want. Some reasons are illegal under certain state legislation, and if you are ever in that situation, it is vital that you understand the California wrongful termination statute of limitations so you can begin building your case at the right time.

What Is the California Wrongful Termination Statute of Limitations?

Depending on the case that you present, under California’s Fair Employment and Housing Act, or FEHA, the statute of limitations for a wrongful termination case can vary from two to three years, depending on the details of your case and the circumstances surrounding your wrongful termination. That means you will have up to three years to develop a valid case and pursue damages for wrongful termination with the help of an experienced lawyer.

If you fail to file within that time frame for whatever reason, there is a decent chance that your case will be thrown out, and your opportunity to recoup compensatory damages for your wrongful termination case will have passed by. The deadline may be closer than you think. It is recommended that you start building your case and gathering evidence as soon as possible to avoid missing that deadline.

What Constitutes Wrongful Termination?

Wrongful termination constitutes a violation of California labor laws. There are many different scenarios in which firing someone for certain reasons can lead to significant legal action for the employer. Even though California is an “at-will” employment state, there are some things that it simply isn’t legal to fire an employee for. Here are some of those situations:

• Discrimination: One of the most common reasons for wrongful termination cases is discrimination. Discriminatory practices in the workplace are illegal under California labor laws, and engaging in such practices can lead to serious legal action for your employer. You cannot fire someone because of their protected class. Those classes include someone’s age, race, skin color, disability, gender identity, sexual orientation, religion, or national origin.
• Retaliation: California’s labor laws protect employees from retaliation in the event that they file a complaint or participate in an investigation into their employer. Firing someone because they made the management look bad or participated in a campaign against their supervisor’s wishes can be a clear case of retaliation and could result in legal action being taken against the employer.
• Whistleblowing: Sometimes, you may have to make the difficult decision to report illegal activities within the company that you witnessed or uncovered evidence of. California law protects whistleblowers from being retaliated against. If your employer seeks to end your employment because you reported illegal activity that the company was engaged in, it shows a clear connection between your report and the firing, which can help your case.
• Constructive Discharge: Constructive discharge occurs when an employer intentionally and deliberately participated in crafting a hostile work environment for an employee with the long-term intention of making that employee quit the company on their own. It can be difficult but not impossible to prove constructive discharge took place, and it will require evidence of deliberate intent.

FAQs

Q: Is There a Statute of Limitations on Wrongful Termination in California?

A: Yes, there is a statute of limitations on wrongful termination in California. That statute of limitations is anywhere from two to three years, depending on the circumstances surrounding your case and the reasons why you were wrongfully terminated. You’ll have up to three years to develop your case, gather evidence, make a claim, and pursue compensatory damages for what you’ve been through. If you are unable to file before three years, there is a good chance your claim will be thrown out.

Q: Is It Hard to Prove Wrongful Termination in California?

A: It can be hard to prove wrongful termination in California. Proving your case will require as much evidence as you can find that supports your case. This evidence can include physical evidence, emails, audio recordings, video, witness statements, and documentation of any interaction where your claim is clearly proven.

An experienced wrongful termination lawyer can help you develop your case and ensure you have the strongest case possible. The more evidence you have, the easier your case may be to prove.

Q: What Compensation Can I Receive in a Wrongful Termination Case?

A: In a wrongful termination case, you can receive any number of different forms of compensation. You can receive compensation for lost wages, loss of employment benefits, emotional distress, pain and suffering, and even punitive damages in some cases. If the jury believes your employer deliberately meant to inflict pain on you by terminating your position, they could see fit to award you punitive damages. It will depend largely on your case and your lawyer’s negotiation skills.

Q: What Is the Settlement for Wrongful Termination in California?

A: There’s no telling what a settlement for wrongful termination will be in California. Every wrongful termination case is different. Each case has its own specific set of details and circumstances that are unique to that individual case. Even if a similar case results in a hefty settlement amount, it does not mean that yours will reach a similar amount. Certain factors have to be taken into consideration before a settlement amount is reached.

Reach Out to a Wrongful Termination Lawyer Today

Dealing with the aftermath of a wrongful termination can be overwhelming, embarrassing, and frustrating, especially if you are trying to handle your case all on your own. An experienced wrongful termination lawyer can help you figure out your options and decide the most effective avenue to take for your case.

The legal team at Fulton Law Corporation can assist you throughout this entire process and help make sure that you aren’t taken advantage of. We can help you build up your case, gather the evidence you need to prove your claim and advocate for you in a court of law if it comes to that. Contact us today to speak with a valued team member and schedule a consultation.