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How Long Do I Have to File an Employment Law Claim?


If you experienced any kind of illegal misconduct at work, it’s understandable if you don’t feel ready to tackle the problem immediately. Unfortunately, however, waiting too long to address mistreatment in the workplace can mean losing your chance to pursue fair and just compensation for what happened to you.

The Statute of Limitations for Employment Law Claims Varies

In California, there exists a time limit that determines the viability of an employment law claim. This is known as the statute of limitations, and it starts from the date of the last incident or when the employee because aware of misconduct against them.

The statute of limitations in California isn’t uniform for all types of employment claims. Here’s a list of

  • Discrimination, Harassment, and Sexual Harassment: One year to file an administrative complaint with the California Department of Fair Employment and Housing; then, one year from your Right to Sue Notice to file the lawsuit
  • Wrongful Termination and Retaliation: Two years for most claims.
  • Wage or Overtime Violations: Three years.
  • Union Employees: Six months to file a claim alleging that your employer breached your Collective Bargaining Agreement.

Beware: Employers May Leverage the Statute of Limitations.

If you wait too long to file your claim, your employer may move to dismiss the case by arguing that the statute of limitations lapsed, and your claim is no longer valid. This may or may not be true, but the longer one waits to file a claim, the more likely it may be that an employer can beat it by arguing on a technicality, such as the elapsed statute of limitations.

Keep in mind that the statute of limitations doesn’t mean your case must be also resolved in that span of time.

Do You Need Legal Assistance?

If you need to assert rights after experiencing misconduct or mistreatment at work, don’t wait. Get professional legal assistance from the experienced advocates at K2 Employment Law Group on your side.

For more information about how we can help, please contact us online!