San Diego Wrongful Termination Information
If you believe you have been fired from your job or forced to leave your job because of an improper and illegal reason, please contact us to discuss your claim.
Statute of Limitations
There are a number of different factors at play in determining how long you have to file a lawsuit for wrongful termination. It depends on the nature of the relationship between you and your employer, who your employer is, and how you choose to pursue your claim.
Most basically, under California’s Fair Housing and Employment Act , if your wrongful termination is based on discrimination, harassment, or retaliation, you must file a claim with the Department of Fair Employment and Housing within one year. Then, once you are issued a “right-to-sue” letter from the DFEH, you have to file a lawsuit within one year. (The same process involving the Equal Employment Opportunity Commission differs in some ways).
If your wrongful termination claim is based on you being fired in violation of public policy, the statute of limitations is two years.
If your wrongful termination is based on a breach of a written contract, the statute of limitations is four years.
As you can see, determining what kind of claim you have, who to file with, and how much time you have can be very complicated and confusing. Our attorneys specialize in these types of cases, and can answer any questions you may have.
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