Short answer: in California the deadline to sue for wrongful termination depends on the legal basis of the claim. For discrimination, harassment, retaliation, failure to accommodate and protected-leave claims under the Fair Employment and Housing Act, you must file a complaint with the California Civil Rights Department within three years of the termination and then sue within one year of the right-to-sue notice. For wrongful termination in violation of public policy the lawsuit must be filed within two years, and statutory Labor Code retaliation claims generally carry three years. Retaliation for a workers’ compensation claim must be raised with the Workers’ Compensation Appeals Board within one year. Federal claims through the EEOC have a 300-day charge deadline. Missing the deadline ends the claim no matter how strong it is.

California deadlines at a glance

  • FEHA claims (discrimination because of race, sex, age, disability, pregnancy, religion, national origin, sexual orientation and other protected characteristics; harassment; retaliation for complaining about them; failure to accommodate; CFRA and pregnancy disability leave violations): Civil Rights Department complaint within 3 years of the last unlawful act (Government Code section 12960); lawsuit within 1 year of the right-to-sue notice (section 12965).
  • Wrongful termination in violation of public policy (the common law claim for firings that violate a fundamental public policy, such as firing for refusing to break the law or for reporting illegal conduct): 2 years (Code of Civil Procedure section 335.1).
  • Whistleblower retaliation under Labor Code section 1102.5 and retaliation for wage or safety complaints under sections 98.6 and 6310: generally 3 years for a civil lawsuit on a statutory claim (Code of Civil Procedure section 338(a)), with the deadline confirmed for the specific statute; a Labor Commissioner complaint within 1 year (section 98.7) is an alternative but is not required before suing under section 1102.5.
  • Retaliation for a workers’ compensation claim: a Labor Code section 132a petition with the Workers’ Compensation Appeals Board within 1 year. See our 132a retaliation page.
  • Breach of a written employment contract: 4 years (Code of Civil Procedure section 337); breach of an oral or implied contract: 2 years (section 339).
  • Unpaid final wages and waiting time penalties: 3 years (section 338), up to 4 under the Unfair Competition Law.
  • Federal claims (Title VII, ADA, ADEA): EEOC charge within 300 days; lawsuit within 90 days of the EEOC right-to-sue notice. FMLA claims: 2 years, 3 if willful.

Why the FEHA deadline is really two deadlines

You cannot file a FEHA lawsuit without first obtaining a right-to-sue notice from the Civil Rights Department. Most claimants request an immediate notice, which is issued promptly, and that starts the one-year clock to file in court. If you ask the CRD to investigate, the notice is issued when the investigation closes. Either way, the CRD complaint must be filed within three years of the termination; before 2020 the period was one year, and older articles still repeat the old rule.

When the clock starts

For a termination, the clock generally starts on the date you are told you are fired, not the date you receive final pay or the date a later grievance is decided. For a pattern of harassment, the continuing violation doctrine can bring older conduct into the claim if at least one act falls within the period and the conduct was sufficiently similar and frequent. For a constructive discharge, the clock starts when you resign.

Exceptions that can extend the deadline

  • the discovery rule, where the wrongful nature of the termination could not reasonably have been discovered at the time;
  • tolling while the CRD investigates, and for the 90-day EEOC period in some circumstances;
  • tolling for a claimant who was a minor or lacked legal capacity;
  • equitable tolling where the employee pursued an internal grievance or another remedy in good faith, in limited circumstances.

Exceptions are narrow and argued about. Treat the deadlines above as firm and get advice long before they arrive.

Common grounds for wrongful termination claims

  • discrimination because of a protected characteristic, including pregnancy and disability;
  • retaliation for reporting sexual harassment or discrimination;
  • retaliation for complaining about unpaid wages, overtime or breaks, which is governed in California by the Labor Code and the Industrial Welfare Commission wage orders, not only the federal Fair Labor Standards Act;
  • retaliation for filing a workers’ compensation claim;
  • firing for taking family, medical or pregnancy leave under CFRA (employers with five or more employees), the FMLA (50 or more) or pregnancy disability leave;
  • firing for refusing to participate in illegal conduct or for reporting it.

Why acting early matters

Evidence disappears: witnesses leave, messages are deleted, and memories fade. Your personnel file must be provided within 30 days of a written request (Labor Code section 1198.5), and a prompt request preserves it. Early evaluation also identifies claims with shorter deadlines, such as a 132a petition, before they are lost.

How Abdi & Associates can help

Abdi & Associates, Inc. helps individuals with wrongful termination claims throughout California. We identify every claim and its deadline, handle the agency filings, and, where a case calls for it, work with experienced employment trial counsel we trust while staying involved in your case. Retaliation after a work injury is handled in-house with the workers’ compensation claim. Call (888) 772-2529 for a free consultation, or read our wrongful termination page.

Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: September 4, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm the deadlines that apply to your case with a lawyer.

Topic Employment Law,
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