Wrongful Termination Statute of Limitations in California: How Long Do You Have?

If you were fired and believe it was illegal, the calendar matters as much as the facts. The wrongful termination statute of limitations in California is not one single deadline. Each legal claim carries its own clock, and some of those clocks run out in months, not years. Below, we explain the main deadlines, when they start, what can pause them, and why getting the facts reviewed early matters.

Key Takeaways

• One firing can support several claims, and each claim has its own deadline. The shortest one controls how fast you need to move.
• For most termination claims, the clock starts on your actual last day of employment, not the day you learned you would be let go (Romano v. Rockwell International).
• A Right-to-Sue notice from the Civil Rights Department (CRD) starts a separate one-year clock to file a FEHA lawsuit (Gov. Code § 12965).
• Retaliation complaints to the Labor Commissioner generally have one year (Lab. Code § 98.7), and public employees can face a six-month claim deadline (Gov. Code § 911.2).
• Severance talks and informal discussions with your employer generally do not pause the clock (Acuna v. San Diego Gas & Electric).

Is This Your Situation?

Deadlines matter most when you are unsure whether it is already too late. This article applies to you if:

• Your employer fired you soon after you complained about discrimination, harassment, unpaid wages, or a safety problem.
• You lost your job after asking for medical leave or an accommodation.
• Your firing happened months or years ago, and you do not know if you can still act.
• Your employer offered severance if you sign a release of claims.
• You worked for a city, county, school district, or state agency.

California is an at-will state, but that does not give an employer the right to fire you for an illegal reason. Our article on wrongful termination vs. at-will employment explains where that line sits. If your firing followed a health issue, see whether you were fired for medical reasons.

How Long Can I Sue for Wrongful Termination in California?

There is no single answer, because California law has no one claim called “wrongful termination.” The deadline depends on why your employer fired you. Each illegal reason supports a different legal claim, and each claim has its own filing period. One firing can start several clocks at once.

The table below shows the reasons for a firing that most often lead to a claim, and the law behind each one. The sections after it explain the general deadline for each claim.

These are general rules, not your exact deadline. Exceptions, day-counting rules, and the facts of your case can move a date. For that reason, treat the earliest deadline that could apply as the real one. An employment attorney can evaluate which deadlines apply to your situation.

The Two-Year Deadline for Public Policy Claims

A claim for wrongful termination in violation of public policy generally has two years from the firing. Code of Civil Procedure section 335.1 sets a two-year period for injury “caused by the wrongful act or neglect of another.” The Court of Appeal applied it in Prue v. Brady Co./San Diego, Inc. (2015) 242 Cal.App.4th 1367. There, the court held that the two-year period, not a shorter FEHA period, applied to a public policy claim based on disability discrimination.

Two years can pass quickly while you look for new work. Our wrongful termination lawyers can tell you whether your facts support this claim.

How Long Do I Have to File a Discrimination, Harassment, or Retaliation Claim?

Different employment claims can have different filing deadlines. For many California harassment, discrimination, and retaliation claims under FEHA, an employee generally has three years from the date they were last harmed to begin the filing process with the California Civil Rights Department (Gov. Code § 12960; CRD). That three-year period does not apply to every employment claim.

A second deadline catches many people. Once CRD issues a Right-to-Sue notice, a FEHA lawsuit generally must follow “within one year from the date of that notice” (Gov. Code § 12965). That clock runs from the notice date, even when the notice comes right away. An early notice can therefore leave less total time, not more. Some older articles on the wrongful termination statute of limitations still cite a one-year CRD deadline or the agency’s former name, DFEH. Both are out of date.

Retaliation for complaining is one of the most common FEHA claims. For examples of what qualifies, read what counts as retaliation under California law.

When Does the Clock Start?

For most termination claims, the wrongful termination statute of limitations starts on the date your employment actually ends. In Romano v. Rockwell International, Inc. (1996) 14 Cal.4th 479, the employer told the employee of the decision long before his last day. The California Supreme Court held that the FEHA period starts on “the date of actual termination,” and that the same rule applied to his contract and tort claims.

The court confirmed the rule for contract claims in Mullins v. Rockwell International Corp. (1997) 15 Cal.4th 731. A contract claim for wrongful termination runs from the actual end of employment, “whether or not constructive discharge is alleged.” If you quit because conditions became intolerable, our article on constructive discharge in California explains that claim.

Your last day is not always obvious. A final shift, a paid notice period, and the date on a termination letter can all differ. Write down each one.

What Is the Deadline for Retaliation and Whistleblower Claims?

The Labor Commissioner enforces many retaliation laws outside FEHA. Under Labor Code section 98.7, a retaliation complaint to that office is due “within one year after the occurrence of the violation,” and the period “may be extended for good cause.” Safety-related firings under sections 6310 and 6311 go through that same process (Lab. Code § 6312).

Safety cases also carry a much shorter federal option. A complaint to federal OSHA is due within 30 days of the adverse action (Labor Commissioner FAQ). Learn more about being fired for making a safety complaint.

Other retaliation claims follow their own rules. A claim that an employer fired someone for filing a workers’ compensation claim generally must begin within one year (Lab. Code § 132a). The whistleblower law, Labor Code section 1102.5, does not state its own lawsuit deadline. Which period applies to it depends on the claim and the remedy sought. For example, a claim for a statutory penalty generally has one year, unless the statute that imposes the penalty sets a different limit (Code Civ. Proc. § 340). Our retaliation lawyers can review how these rules fit your facts.

What If You Had an Employment Contract?

Some employees have a promise of job security, such as a contract that allows firing only for good cause. A claim on a written contract generally has four years (Code Civ. Proc. § 337). A claim on a contract “not founded upon an instrument of writing,” such as an oral promise, generally has two years (Code Civ. Proc. § 339). Under Mullins, both periods generally run from the actual end of employment.

Federal EEOC Deadlines

Federal laws such as Title VII also ban discrimination at work. To use them, an employee generally files a charge with the EEOC first. The EEOC’s standard deadline is 180 calendar days, “extended to 300 calendar days” where a state agency enforces a law against the same discrimination (EEOC time limits). Because California has CRD, the 300-day deadline generally applies here. Age claims follow slightly different rules.

After the EEOC issues a Notice of Right to Sue, a federal lawsuit must follow within 90 days (EEOC). CRD will not send a complaint to the EEOC when you request an immediate Right-to-Sue notice, so the federal charge may need its own filing.

What Are the Deadlines for Government and Public-Agency Employees?

For public employees, the wrongful termination statute of limitations can be much shorter. Different rules can apply if you worked for a city, county, school district, or state agency. Many claims against a public entity require a written government claim before any lawsuit. Under Government Code section 911.2, a claim for injury to a person is due within six months. A claim relating to any other cause of action has one year.

If the agency rejects the claim in writing, a lawsuit generally must follow within six months of the date the notice was delivered or mailed (Gov. Code § 945.6). Whether this claim process applies depends on the type of claim. Public employees should consider speaking with an employment attorney soon after a firing.

Can the Wrongful Termination Statute of Limitations Be Extended?

Sometimes, but only in limited situations. California courts allow equitable tolling of FEHA claims in some cases. In McDonald v. Antelope Valley Community College Dist. (2008) 45 Cal.4th 88, the California Supreme Court held that FEHA “does not preclude equitable tolling during the voluntary pursuit of internal administrative remedies.” Tolling under that rule requires timely notice to the employer, no prejudice to it, and reasonable, good faith conduct by the employee.

FEHA also lists specific events that pause the one-year lawsuit clock. They include a dispute resolution proceeding, a signed written agreement with the employer, and a timely appeal within CRD (Gov. Code § 12965). For people who were under 18 at the time, the CRD filing period can extend up to one year after they turn 18 (Gov. Code § 12960).

Severance talks are a common trap. In Acuna v. San Diego Gas & Electric Co. (2013) 217 Cal.App.4th 1402, the Court of Appeal stated that “informal negotiations or discussions between an employer and employee do not toll a statute of limitations.” Whether any exception applies depends on the facts of each case.

What to Consider Before a Deadline Passes

1. Consider writing down your key dates. Note your last day of work, plus the dates you complained, requested leave, or received discipline. Every deadline in this article runs from a specific date.
2. Consider saving the records you are lawfully entitled to keep. That includes your termination letter, emails, texts, and pay stubs. If an agency sends you a notice, record the date it arrived and keep the envelope.
3. Consider taking time before signing a severance release. A release can give up your claims, and negotiating it does not stop the clock. Read about severance agreements in California and how wrongful termination settlements work before you sign.
4. Consider speaking with an employment attorney early. The shortest deadline in your case may be weeks away, not years. A review can identify each possible claim and the date that controls it.

If you worked in Los Angeles County, our Los Angeles wrongful termination lawyer page covers how we handle cases there.

Frequently Asked Questions About the Wrongful Termination Statute of Limitations

Can I still sue for wrongful termination after three years?

Possibly, but fewer claims remain open. A claim on a written employment contract generally has four years (Code Civ. Proc. § 337). A FEHA case that began with CRD on time can also reach court later, because the lawsuit clock runs one year from the Right-to-Sue notice. Most other claims will have expired by then.

What if I learned the real reason for my firing later?

FEHA allows a short extension in that case. The CRD filing period can extend up to 90 days if a person “first obtained knowledge of the facts” of the unlawful practice during the 90 days after the normal deadline (Gov. Code § 12960). The rule is narrow, and it does not restart the full period.

Does an internal appeal or HR review pause the deadline?

Not for federal claims, and only sometimes for state claims. The EEOC says its deadline does not pause while you pursue an internal grievance, arbitration, or mediation (EEOC). For FEHA, McDonald allows tolling during a voluntary internal remedy only when its conditions are met.

Do I have to file with the Labor Commissioner before going to court?

No, not for claims under the laws section 98.7 covers. The statute says “there is no requirement that an individual exhaust administrative remedies or procedures,” and its remedies do not prevent an employee from pursuing other rights under any other law (Lab. Code § 98.7). FEHA claims are different: they require a CRD Right-to-Sue notice first.

Does the FEHA deadline change if the EEOC investigates my charge?

It can. When a charge goes to both agencies and CRD defers the investigation to the EEOC, the one-year FEHA lawsuit period is tolled (Gov. Code § 12965(e)). The details depend on when each agency issues its notice.

What if I worked for the federal government?

Much shorter rules apply. Federal employees and job applicants generally must contact an EEO Counselor at their agency within 45 days of the discriminatory act (EEOC). The California deadlines in this article generally do not govern federal employment.

How are the days counted?

Usually in calendar days, weekends and holidays included. The EEOC counts every day, and if its deadline falls on a weekend or holiday, it moves to the next business day (EEOC). Other deadlines have their own counting rules, so check each one well ahead of time.

What if I think I missed the deadline?

You may still have options. Because each claim has its own deadline, missing one does not always close the others. The Labor Commissioner can also extend its one-year period “for good cause” (Lab. Code § 98.7).

When to Talk to an Employment Lawyer About a Filing Deadline

If you were fired for a reason you believe was illegal, recently received an agency notice, were offered severance, or worked for a public employer, consider speaking with a California employment lawyer. A lawyer can identify each possible claim, the deadline that controls it, and any exception that may apply. Early advice matters most when the shortest deadline is only months away.

At Abramson Labor Group, founded by Zev Abramson, we represent California employees facing wrongful termination, discrimination, and retaliation. Our case reviews are free and confidential, and you do not pay anything unless we win. Request your free case evaluation, contact us, or call us at (213) 493-6300. You can also visit our California employment lawyers page to learn more.

This article is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.