California · employment

Wrongful termination in California statute of limitations

For a discriminatory or retaliatory firing in California, you have 3 years from the termination to file a complaint with the Civil Rights Department, then 1 year from the right-to-sue notice to file suit. A firing that violates public policy has 2 years, and a breach of a written employment contract 4 years.

Statute of Limitations by State editorial teamUpdated 9 sources

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.

Wrongful termination deadlines in California (checked November 2026)
ClaimDeadlineLaw
Discrimination, harassment or retaliation under FEHA: complaint to the Civil Rights Department3 years from the terminationGov. Code § 12960(e)[1]
FEHA lawsuit after the right-to-sue notice1 year from the date of the noticeGov. 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 yearsCode Civ. Proc. § 335.1[4]
Breach of a written employment contract4 yearsCode Civ. Proc. § 337[5]
Breach of an oral or implied contract2 yearsCode Civ. Proc. § 339[6]
Whistleblower retaliation and other claims under a Labor Code statuteGenerally 3 yearsCode Civ. Proc. § 338(a)[7]
Federal claims (Title VII, ADA, ADEA): charge with the EEOC300 daysEEOC[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?
For discrimination or retaliation under FEHA: 3 years to file a complaint with the Civil Rights Department, then 1 year from the right-to-sue notice to sue. For a firing in violation of public policy: 2 years. Written contract: 4 years; oral contract: 2 years.
What is the FEHA statute of limitations?
3 years from the unlawful practice to file with the Civil Rights Department (Gov. Code § 12960(e)), and 1 year from the right-to-sue notice to file a civil action (Gov. Code § 12965(c)).
Do I need to file with the EEOC as well?
Only for federal claims. In California an EEOC charge must be filed within 300 days. Filing with the CRD and asking for dual filing protects both state and federal claims.
Does the deadline run from the termination date or the last day worked?
Generally from the date of the unlawful act, which for a firing is the date the employee is told of the termination. If the decision and the last day differ, use the earlier date to be safe.

Sources

  1. Cal. Gov. Code § 12960: filing a complaint with the Civil Rights Department (3 years) · California Legislative Information (official), checked November 2026
  2. Cal. Gov. Code § 12965: right-to-sue notice and civil action within 1 year · California Legislative Information (official), checked November 2026
  3. Cal. Lab. Code § 98.7: retaliation complaints to the Labor Commissioner (1 year) · California Legislative Information (official), checked November 2026
  4. Cal. Code Civ. Proc. § 335.1: two-year period for injury claims (applied to wrongful termination in violation of public policy) · California Legislative Information (official), checked November 2026
  5. Cal. Code Civ. Proc. § 337: four years for written contracts · California Legislative Information (official), checked November 2026
  6. Cal. Code Civ. Proc. § 339: two years for oral contracts · California Legislative Information (official), checked November 2026
  7. Cal. Code Civ. Proc. § 338: three years for liability created by statute · California Legislative Information (official), checked November 2026
  8. Time limits for filing a charge · U.S. Equal Employment Opportunity Commission, checked November 2026
  9. 42 U.S.C. § 1981a(b)(3): limits on compensatory and punitive damages · U.S. Code, GovInfo (U.S. Government Publishing Office), current through November 2026