Every deadline for a California wrongful termination claim
Which deadline applies depends on the reason the firing was unlawful, and one firing can support several claims with different dates. The table lists the main ones from the date of termination.
| Claim | Deadline | Law |
|---|---|---|
| Discrimination, harassment or retaliation under FEHA: complaint to the Civil Rights Department | 3 years from the termination | Gov. Code § 12960(e)[1] |
| FEHA lawsuit after the right-to-sue notice | 1 year from the date of the notice | Gov. Code § 12965(c)[2] |
| Retaliation complaint to the Labor Commissioner (for example, for complaining about wages or safety) | 1 year (can be extended for good cause) | Lab. Code § 98.7[3] |
| Termination in violation of public policy (common law, “Tameny” claim) | 2 years | Code Civ. Proc. § 335.1[4] |
| Breach of a written employment contract | 4 years | Code Civ. Proc. § 337[5] |
| Breach of an oral or implied contract | 2 years | Code Civ. Proc. § 339[6] |
| Whistleblower retaliation and other claims under a Labor Code statute | Generally 3 years | Code Civ. Proc. § 338(a)[7] |
| Federal claims (Title VII, ADA, ADEA): charge with the EEOC | 300 days | EEOC[8] |
FEHA: 3 years to file, then 1 year to sue
Under the Fair Employment and Housing Act, a worker must file an administrative complaint with the Civil Rights Department (formerly the DFEH) within 3 years of the unlawful act.[1] The period was one year until AB 9 extended it to three years starting in 2020. The statute adds up to 90 extra days for someone who first learns the facts just after the deadline, and one year after reaching age 18 for a minor.[1]
Most workers ask for an immediate right-to-sue notice instead of a CRD investigation. Once the notice issues, the lawsuit must be filed within 1 year of its date.[2] If the complaint was also filed with the EEOC and the CRD deferred its investigation, that 1-year period is tolled while the EEOC investigates.[2]
Federal claims move faster
For a federal claim under Title VII, the ADA or the ADEA, the charge must reach the EEOC within 300 days in California, because California has its own fair employment agency; a federal suit must follow within 90 days of the EEOC’s right-to-sue notice.[8] Many California workers file with both agencies at once (dual filing) so the shorter federal clock is protected.
Common-law and contract claims
A firing for refusing to break the law, for reporting a violation, or for exercising a legal right can also be sued as wrongful termination in violation of public policy, without any agency filing; California courts apply the 2-year injury period to that claim.[4] Contract-based claims follow the contract periods: 4 years for a written agreement and 2 years for an oral or implied one.[5][6]
Example
An employee fired on June 2, 2026 after reporting harassment can file with the CRD until June 2, 2029, but a public-policy claim filed in court would be due by June 2, 2028, and a federal EEOC charge by March 29, 2027 (300 days). Filing the CRD complaint early, with an immediate right-to-sue notice, keeps every option open.
What a claim is worth, and other deadlines
For a rough value range (back pay, front pay and the federal damages caps that apply to Title VII claims[9]), use the wrongful termination settlement calculator. FEHA damages are not capped. Other California civil deadlines are on the statute of limitations in California page, and the statute of limitations calculator works for any start date. For an unpaid final paycheck or small amounts, small claims court in California is an option.
Frequently asked questions
How long do you have to sue for wrongful termination in California?
What is the FEHA statute of limitations?
Do I need to file with the EEOC as well?
Does the deadline run from the termination date or the last day worked?
Sources
- Cal. Gov. Code § 12960: filing a complaint with the Civil Rights Department (3 years)
- Cal. Gov. Code § 12965: right-to-sue notice and civil action within 1 year
- Cal. Lab. Code § 98.7: retaliation complaints to the Labor Commissioner (1 year)
- Cal. Code Civ. Proc. § 335.1: two-year period for injury claims (applied to wrongful termination in violation of public policy)
- Cal. Code Civ. Proc. § 337: four years for written contracts
- Cal. Code Civ. Proc. § 339: two years for oral contracts
- Cal. Code Civ. Proc. § 338: three years for liability created by statute
- Time limits for filing a charge
- 42 U.S.C. § 1981a(b)(3): limits on compensatory and punitive damages