Employees in California must act promptly to exercise their employment rights. Most employment laws in California have a short timeline in which an employee must file a claim, either in court or with a government agency. An employee who fails to timely do so risks waiving his or her rights. This time limit is called the “statute of limitations.” Failure to file a lawsuit before the statute of limitations can have disastrous consequences for even the most meritorious employment claims.
The purpose of the statute of limitations is to encourage the prompt resolution of legal claims. Over time, memories fade and relevant documents get lost or destroyed. Prompt resolution not only allows parties to move on without the lingering uncertainty of impending litigation, but fosters a fairer system by trying to ensure that the best evidence will still be available for juries at trial.
Different legal claims have different statutes of limitations, which makes it important to promptly consult an attorney to ensure that any claims are timely filed. The statute of limitations for wrongful termination claims is two years in California. This runs from the date of an employee’s termination.
However, it is also important to pay attention to the statute of limitations for any laws that may support the “wrongfulness” of the wrongful termination claim. For example, if discrimination motivated the termination, because discrimination claims have a shorter one year statute of limitations, employees risk losing powerful remedies under the anti-discrimination laws if they do not act within a year. Public employees often have an even shorter timeframe in which to file their employment claims.
Always consult an employment attorney if you suspect your employment rights have been violated. For additional information read this Avvo.com article. We also have additional content about wrongful termination on this website.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
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