What is the statute of limitations for wrongful termination in California?

Why is there more than one California wrongful-termination deadline?

Wrongful termination is a description, not one statute. A firing can support a FEHA discrimination or retaliation claim, a federal civil-rights claim, a public-policy tort, a whistleblower claim, a wage-retaliation claim, or a contract claim. Each source of law can impose its own administrative prerequisite, accrual rule, tolling provision, and court deadline.

The shortest viable period can control practical strategy. Filing a CRD complaint does not automatically preserve a public-policy tort or contract claim. Filing an EEOC charge does not automatically satisfy every state requirement. A worker should list each possible legal theory and calculate each deadline independently.

Sources [1] · [2] · [3] · [4] · [5]

How long do I have to file a FEHA complaint?

Government Code section 12960 generally requires a complaint alleging a violation of FEHA to be filed within three years after the unlawful practice occurred. A discriminatory or retaliatory termination is ordinarily a discrete act, so the termination date is usually central to the administrative calculation.

The statute contains specialized extensions and tolling provisions. Effective January 1, 2026, section 12960 also provides statutory tolling for specified civil actions during the CRD complaint process until the events described in the statute. The amendment should not be treated as permission to delay the initial administrative complaint.

Sources [1]

What is the California EEOC deadline?

A federal charge alleging discrimination or retaliation under Title VII, the ADA, or related EEOC-enforced laws generally must be filed within 300 days in California because a state agency enforces corresponding anti-discrimination law. The federal period is shorter than California’s general three-year FEHA administrative period.

Each discrete act generally has its own federal charge deadline. A timely charge challenging termination does not necessarily revive an earlier demotion, suspension, or denial of promotion outside the charge period. Ongoing harassment follows a different rule when at least one act contributing to the hostile environment occurred within the filing period.

Sources [4] · [3]

How long do I have to sue after a right-to-sue notice?

For a California FEHA claim, Government Code section 12965 generally uses a one-year court period after the CRD right-to-sue notice, subject to statutory rules addressing dual filing and tolling. The operative notice and section 12965 should be reviewed together because federal and state notices may not start identical clocks.

For Title VII, the ADA, and GINA, a federal lawsuit generally must be filed within 90 days after receipt of the EEOC right-to-sue notice. The 90-day period is separate from the original charge deadline. Missing either the administrative charge period or the post-notice court period can bar the federal claim.

Sources [6] · [7]

What is the deadline for a public-policy wrongful-termination claim?

California’s wrongful-discharge tort applies when an employer terminates a worker for a reason that violates a fundamental public policy grounded in constitutional or statutory provisions. The claim generally uses the two-year period in Code of Civil Procedure section 335.1 for injury caused by another’s wrongful act.

The tort ordinarily proceeds directly in court rather than beginning with CRD. A related FEHA or whistleblower claim may have a separate administrative process. Do not substitute the three-year FEHA complaint period for the tort deadline or assume that an agency filing automatically tolls the tort.

Sources [8] · [5]

What is the deadline for a California contract claim?

A claim based on a written employment agreement commonly uses the four-year period in Code of Civil Procedure section 337. A claim based on a contract, obligation, or liability not founded on a writing commonly uses the two-year period in section 339. The claim generally accrues when the agreement is breached.

Determining whether the agreement is written can be more complicated than locating one document. Offer letters, compensation plans, handbook provisions, amendments, and oral promises may interact. Arbitration provisions can also impose procedural requirements. Preserve the complete agreement and every incorporated document.

Sources [2] · [9]

Do whistleblower and wage-retaliation claims use the same deadline?

No. Labor Code section 1102.5 whistleblower claims, Labor Commissioner retaliation complaints, wage claims, safety complaints, and other statutory claims can follow different procedures. Labor Code section 98.7 governs administrative complaints for many Labor Code retaliation provisions and contains its own timing rules and exceptions.

The same firing can support several routes. A report of unpaid wages might implicate Labor Code section 98.6, a public-policy tort, and federal wage retaliation. A report of statutory noncompliance might implicate section 1102.5. Each route should be separately calendared instead of assigning every claim the FEHA deadline.

Sources [10] · [11] · [12]

What events can change the deadline calculation?

The termination date, notice date, effective date, constructive-discharge resignation date, agency filing date, and receipt date of a right-to-sue notice can each matter. Tolling may depend on a statute, equitable doctrine, minority, delayed discovery, agency proceeding, or an agreement. These rules are claim-specific and should not be assumed.

Internal investigations, grievance procedures, severance negotiations, and requests for reconsideration generally do not extend the EEOC charge deadline. Preserve the envelope, email, portal notice, and download metadata for every right-to-sue notice. Use the earliest plausible date when creating a protective calendar.

Sources [3]