When you lose your job, the clock starts ticking. Whether your firing felt sudden, suspicious, or blatantly illegal, statutory time limits decide whether your claim survives. In California, the statute of limitations for wrongful termination depends on the specific law that applies to your case. Miss one of those deadlines, and your right to recover is gone—even if the evidence is strong.
At King & Siegel LLP, our San Francisco Bay Area wrongful termination attorneys help workers understand these timelines, preserve their claims, and file before the window closes. With Harvard- and Columbia-trained attorneys, a multilingual team, and over $100 million recovered for employees, we help you turn uncertainty into decisive action.
Why Do Wrongful Termination Statutes of Limitations Matter?
A statute of limitations establishes the deadline for initiating a legal claim. Once that period expires, courts will dismiss your case, no matter how compelling the facts. Put differently, you automatically lose.
In wrongful termination cases, the applicable deadline depends on which law was violated. Some claims must be filed with an agency before you can sue in a process called “administrative exhaustion.” Other claims can be filed directly in court. Missing the correct deadline can erase your right to pursue damages entirely.
California Wrongful Termination Deadlines by Claim Type
California employees may bring wrongful termination claims under multiple laws. Each has its own statute of limitations:
- Discrimination, Harassment, and Retaliation (FEHA)
If your employer fires you because of your race, sex, disability, pregnancy, or other protected traits, or in retaliation for opposing discrimination, FEHA applies.
- Deadline: File an administrative complaint with the California Civil Rights Department (CRD) within three years of the termination to obtain a right to sue (permission to file in court).
- Whistleblower retaliation under CA Labor Code § 1102.5.
If you were fired for reporting violations of law or unsafe practices, you can bring a civil lawsuit under California’s general whistleblower statute.
- Deadline: Three years from the date of the retaliatory act.
- Other Labor Code Penalty Claims
For retaliation involving wage and hour complaints, OSHA reports, or Labor Commissioner filings, shorter deadlines may apply. These claims often come with statutory penalties, which have a one-year statute of limitations.
- Deadline: Typically one year to file a complaint with the Labor Commissioner or file a complaint for penalties.
- Breach of Written Employment Contract
If your employer terminated you in violation of a written contract, California law treats it as a breach of contract action. Note, however, that you may also have other wrongful termination claims, and the statute of limitations for those claims is generally shorter than four years.
- Deadline: Four years to file a lawsuit.
- Wrongful Termination in Violation of Public Policy
If your firing violated a fundamental public policy—for example, refusing to break the law, reporting misconduct, or exercising statutory rights—you may bring a common law claim. (Note that you likely would also bring a claim under Labor Code Section 1102.5, as set forth above, which has a longer statute of limitations.)
- Deadline: Two years from termination, following the same limit as personal injury actions.
Understanding which of these applies requires analyzing what right was violated, who the employer is, and what evidence exists. These are details an experienced employment attorney can clarify.
Federal Wrongful Termination Deadlines
Federal statutes also protect against wrongful termination, but their filing periods are shorter.
- Title VII discrimination and retaliation—must file a charge with the EEOC within 300
days in California, since state law also applies;
- ADA disability claims—same 300-day limit applies;
- ADEA age discrimination—300 days for filing; and
- FMLA leave retaliation—two years for ordinary violations, extended to three years if the infringement was willful.
California wrongful termination lawyers should know that not all whistleblower retaliation claims fit neatly under Labor Code §1102.5. Many federal and agency-based whistleblower laws have short, jurisdiction-specific filing windows, sometimes as short as 30 or 60 days. These statutes often have procedural benefits, such as the ability to file in court even if you signed an arbitration clause. These examples include:
| Law / Program | Protected Activity | Filing Deadline | Agency / Forum |
| Sarbanes–Oxley Act (SOX) (18 U.S.C. §1514A) | Reporting securities fraud, mail/wire fraud, or shareholder fraud by a public company or contractor. | 180 days from the retaliatory act or from when the employee became aware of it. | OSHA (U.S. Dept. of Labor) |
| Dodd–Frank Act (Consumer Financial Protection Act) | Reporting consumer financial law violations, predatory lending, or bank fraud. | 180 days | OSHA / CFPB referral |
| OSHA Section 11(c) | Reporting unsafe working conditions or OSHA safety violations. | 30 days | OSHA |
| STAA – Surface Transportation Assistance Act | Reporting commercial trucking or transportation safety violations. | 180 days | OSHA |
| AIR21 – Wendell H. Ford Aviation Investment and Reform Act | Reporting airline safety violations or FAA breaches. | 90 days | OSHA |
| FRSA – Federal Railroad Safety Act | Reporting railroad safety violations or injuries. | 180 days | OSHA |
| FDA / FSMA – Food Safety Modernization Act | Reporting unsafe food handling or contamination. | 180 days | OSHA |
| ACA – Affordable Care Act Section 1558 | Reporting ACA compliance issues (e.g., retaliation for raising coverage or subsidy violations). | 180 days | OSHA |
| Energy Reorganization Act (ERA) | Reporting nuclear safety or environmental violations. | 180 days | OSHA |
| Consumer Product Safety Improvement Act (CPSIA) | Reporting unsafe consumer products. | 180 days | OSHA |
| Pipeline Safety Improvement Act (PSIA) | Reporting pipeline safety violations. | 180 days | OSHA |
In these situations, the shortest deadline matters most.
How Do Deadlines Play out in Real Life?
Here are some scenarios to illustrate how these deadlines work:
- An employee fired for requesting pregnancy leave under CFRA waits almost three years before seeking advice. She can still file with the CRD, but her federal Title VII claim expired long before. Though an attorney should advise on her specific situation, this is likely fine, as state law is more generous and thus there is no impact on her case.
- A worker who blew the whistle on safety violations under Labor Code § 1102.5 has three years to sue. But if he delays beyond that, even the strongest evidence of retaliation won’t save the claim.
- A manager denied promotion and then fired due to age bias has both FEHA and ADEA rights. If she misses the EEOC’s 300-day deadline, her state FEHA claim may still survive if she files with CRD in time. Again, she is unlikely to face any consequences because FEHA is more protective than the ADEA.
- A whistleblower is fired after speaking up about investor fraud at a public policy. If she misses the 6-month SOX statute of limitations, she can no longer avail herself of the right to file in court if she signed an arbitration agreement. However, she can still pursue her Labor Code Section 1102.5 retaliation claims through arbitration.
These examples show how the statute of limitations shapes strategy. Timing determines which doors remain open. King & Siegel can review your case and help you decide which timeline applies.
Is There a Delayed Discovery Rule for Wrongful Termination Claims in California?
Generally, no. In California, the statutes of limitation for wrongful termination typically run from the date of termination, not from the date the employee learns that the firing was wrongful. Courts consistently hold that the cause of action accrues when the employee is informed of their termination or when it takes effect, whichever occurs first.
That means the limitations period starts the day you’re told you’ve been fired, or the day the firing becomes effective. It does not wait until you later discover that the employer’s stated reason was false, discriminatory, or retaliatory.
There are narrow exceptions to the statute of limitations, but they are unusual and based on equitable tolling, rather than delayed discovery. For instance, equitable tolling may apply when you pursued an alternate remedy in good faith.
How Can King & Siegel LLP Help Me Beat the Clock?
Knowing the deadlines isn’t enough, and applying them correctly requires precision. Our team focuses exclusively on employee rights and knows how to identify which statute applies to your unique facts.
Julian Burns King, a Harvard Law School graduate and former high-stakes commercial litigator, founded King & Siegel LLP to stand with employees. Our firm’s attorneys, trained at top law schools and recognized by Super Lawyers and Avvo (10.0 rating), have helped workers across California recover over $100 million in wrongful termination, discrimination, and retaliation cases.
We act fast, communicate clearly, and build the evidence needed to protect your rights before time runs out.
Contact Us Today
California’s wrongful termination statute of limitations is complex — and unforgiving. Waiting too long can permanently bar your claim. Don’t risk missing your deadline.
King & Siegel is ready to assist employees in the San Francisco Bay Area with navigating these time limits. With elite training, proven results, and multilingual staff speaking Spanish and Korean, we provide clarity in confusing times. Schedule your free consultation today to get help filing your claim before the deadline expires.
