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.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
NUVEW | Copyright 2024 All Rights Reserved | Accessibility Notice | Privacy Statement