Deadlines to file an employment claim in California

Why deadlines matter so much

A statute of limitations is the deadline to file a claim. If it passes, a court will usually dismiss the claim no matter how strong the facts are. Many workplace situations involve several claims at once, each with its own deadline, so the shortest one often controls how fast you need to act.

The periods below are general rules. Exceptions can shorten or extend them, so treat this page as a starting point and confirm your own deadlines with a lawyer.

Discrimination, harassment and retaliation (FEHA)

• CRD complaint: generally three years from the last unlawful act.
• Lawsuit: generally one year from the date of the CRD right-to-sue notice.
• Federal EEOC charge: generally 300 days in California.

See How to file a CRD complaint for the steps.

Wrongful termination and whistleblower claims

• Wrongful termination in violation of public policy: generally two years from the termination.
• Whistleblower retaliation (Labor Code 1102.5): generally three years in court.
• Retaliation complaint with the Labor Commissioner (for example, under Labor Code 98.6 or 6310): generally one year.
• Breach of a written employment contract: generally four years; oral contract, generally two years.

Wage and hour claims

• Unpaid wages, overtime, meal and rest break premiums: generally three years, and up to four years for some claims brought under California's Unfair Competition Law.
• Waiting-time penalties for a late final paycheck: generally three years.
• Wage statement penalties: generally one year.
• PAGA: the notice to the Labor and Workforce Development Agency generally must be sent within one year of the violation.

Leave, equal pay and other federal claims

• CFRA (California family and medical leave): runs through the CRD, so the three-year CRD rule generally applies.
• FMLA (federal): generally two years, or three years for a willful violation.
• California Equal Pay Act: generally two years, or three years for a willful violation.
• Workers' compensation retaliation (Labor Code 132a): generally one year, filed with the Workers' Compensation Appeals Board.

Extra rules for government employers

If you work for a city, county, school district or state agency, some claims require a written government claim within six months before you can sue. FEHA claims generally do not need that government claim, but other claims, such as some tort claims, do. Public employees should get advice early.

What to do now

1. Write down the date of every key event: complaints you made, discipline, denial of leave or accommodation, and your last day.
2. Keep copies of pay stubs, schedules, emails and texts.
3. Talk to a lawyer well before the earliest deadline that might apply.

How your case works with us

Most employees have never hired a lawyer before. Here's what working with us looks like, from the first call to resolution.

1. Free, confidential consultation. We listen to what happened, review any documents you have, and tell you honestly whether you have a claim, which laws apply, and which deadlines matter.
2. Investigation. We gather your personnel file, payroll records, and communications, identify witnesses, and request records your employer is legally required to provide.
3. Agency filings, when required. For claims under FEHA, we file with the California Civil Rights Department and obtain a right-to-sue notice so your case can proceed in court.
4. Demand and negotiation. Many cases resolve through a demand letter, early negotiation, or mediation, without a trial.
5. Litigation, if needed. If your employer won't do right by you, we file suit and are prepared to take the case through discovery and trial or arbitration.

Fees. Most employment cases are handled on a contingency basis. You pay no attorney fees unless we recover money for you, and many California employment laws require the employer to pay your attorney fees if you win.