We are true advocates for employees and whistleblowers, and pride ourselves in taking complicated cases that other firms will not and use our experience and legal resources to help each of our clients achieve the outcome they are seeking.
No matter how hard we fight for our clients, the reality is, time is not on their side. And if your workplace rights have been violated, you must act quickly to pursue a positive legal remedy.
Here is what California workers need to know about the statutes of limitations on employment law claims.
Employees Can File a Complaint with the California Department of Fair Employment and Housing
If you choose to pursue discrimination, retaliation, wage and hour, or whistleblower claim on your own in California, the Department of Fair Employment and Housing (DFEH) investigation process has a different statute of limitations for certain cases.
For instance, if you are filing a harassment, discrimination, or retaliated against claim, you have just one year from the date the incident occurred to file an administrative complaint.
Conversely, you have two years to file most claims for wrongful termination, and three years to file claims for your employer’s failure to pay the wages or overtime you were legally entitled to.
The DFEH can only investigate violations of certain civil rights laws and will evaluate the allegations using the intake form provided by the employee before deciding whether the laws that DFEH enforces cover these allegations.
DFEH can only accept cases if one of the laws it enforces may have been violated.
Employees Can Partner with an Experienced Employment Law Attorney in California
California employees may forego the DFEH process and investigation by partnering with an experienced employment law attorney.
A skilled employment law attorney will file a right-to-sue notice with the DFEH for harassment, discrimination, or retaliation claims.
Upon receipt of a right-to-sue notice, your complaint will not be investigated by DFEH even if you later decide not to file a lawsuit. From the date of the letter, your attorney will have one year to file your claim in state court.
California employment law claims may require adherence to state and federal procedures, and often certain administrative steps must be taken to ensure the claim is filed precisely according to the legal requirements. If your California workplace rights have been violated, we can help ensure your claim is precisely filed within the required statute of limitations, so you can pursue the best legal remedy for your unique circumstances.
Contact Our Skilled Employment Law Attorneys in Pasadena, California Today
Contact our experienced Los Angeles County employment law attorneys to discuss your unique workplace circumstances today.
Our employment law firm and bilingual staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling 626-396-9900 or contacting us online.