California Employment Law Statute of Limitations

Allred, Maroko & Goldberg helps Los Angeles employees protect their rights after workplace discrimination, sexual harassment, retaliation, wrongful termination, wage theft, and other unlawful conduct. Employees must act within strict filing deadlines, and missing the applicable statute of limitations can prevent a valid claim from proceeding.

California employees may be protected by the Fair Employment and Housing Act, the California Labor Code, federal anti-discrimination laws, wage-and-hour laws, leave statutes, whistleblower protections, employment contracts, and Los Angeles ordinances. Each claim can have a different administrative filing period and lawsuit deadline.

Founded by Gloria Allred—one of the nation’s most recognized civil rights attorneys—Allred, Maroko & Goldberg has spent nearly five decades representing employees against powerful employers and institutions. The firm’s Los Angeles office is located on Wilshire Boulevard near Beverly Hills, West Hollywood, UCLA, and the Miracle Mile.

Call Allred, Maroko & Goldberg in Los Angeles today to schedule a confidential consultation.

What Is a California Employment Law Statute of Limitations?

A statute of limitations establishes how long an employee has to initiate a legal claim. Depending on the law, the employee may need to file an agency complaint, request a right-to-sue notice, or file a lawsuit in court.

One employment dispute can create several separate deadlines. For example, a discriminatory termination may require:

• A California Civil Rights Department filing
• An EEOC charge
• A state right-to-sue notice
• A federal right-to-sue notice
• A lawsuit within the period stated in each notice
• A separate Labor Commissioner complaint for unpaid wages or retaliation

An internal human resources complaint usually does not stop an external deadline from running. Severance negotiations, unemployment proceedings, and internal appeals also may not extend the time to file.

What Are the Major California Employment Claim Deadlines?

The following chart provides general filing periods. The correct deadline may change based on the employer, claim, forum, and date of the conduct.

Employment claim or filing	General deadline
California Civil Rights Department employment intake form	3 years from the last date of harm
FEHA lawsuit after immediate CRD right-to-sue notice	1 year from the notice
EEOC discrimination charge in California	Generally 300 days
Federal lawsuit after EEOC right-to-sue notice	90 days
Wrongful termination in violation of public policy	Generally 2 years
California Labor Commissioner retaliation complaint	Generally 1 year, with exceptions
California whistleblower civil lawsuit under Labor Code Section 1102.5	Potentially 3 years
California Equal Pay Act claim	2 years, or 3 years if willful
Unpaid minimum wage or overtime claim	Generally 3 years
Claim based on an oral employment agreement	Generally 2 years
Claim based on a written employment agreement	Generally 4 years
Federal FMLA lawsuit	2 years, or 3 years if willful
Federal Equal Pay Act lawsuit	2 years, or 3 years if willful
Federal FLSA wage lawsuit	2 years, or 3 years if willful

This chart is not a substitute for individualized legal analysis. Employees should identify and protect the shortest potentially applicable deadline.

How Long Do You Have to File With the California Civil Rights Department?

The California Civil Rights Department, or CRD, enforces the Fair Employment and Housing Act. The FEHA covers employment discrimination, harassment, retaliation, reasonable accommodations, and qualifying family, medical, and pregnancy leave claims.

The California Civil Rights Department states that an employment intake form generally must be submitted within three years of the date the employee was last harmed.

Potential FEHA claims include:

• Sexual harassment
• Hostile work environment
• Race discrimination
• National origin discrimination
• Sex and gender discrimination
• Pregnancy discrimination
• Disability discrimination
• Age discrimination
• Religious discrimination
• Sexual orientation discrimination
• Gender identity discrimination
• Failure to provide reasonable accommodations
• Failure to engage in the interactive process
• CFRA or pregnancy-leave violations
• Retaliation for reporting discrimination
• Wrongful termination based on a protected characteristic

The three-year period should not be treated as permission to wait. Evidence may disappear, witnesses may leave, and a separate federal claim may expire after only 300 days.

When Does the CRD Deadline Start?

The limitations period generally runs from the date of the alleged unlawful practice. Different employment actions may create separate filing dates.

Examples include:

• The date an employee is terminated
• The date a promotion is denied
• The date an accommodation is refused
• The date of a discriminatory transfer
• The date retaliation occurs
• The date of the most recent act in an alleged hostile work environment

A continuing hostile work environment may involve a series of related incidents. However, discrete acts such as termination, demotion, or denial of promotion may be evaluated separately.

Employees should not assume that a recent event automatically revives every earlier workplace violation.

How Long Do You Have to Sue After a CRD Right-to-Sue Notice?

An employee generally must obtain a CRD right-to-sue notice before filing an employment lawsuit under the FEHA.

The CRD’s right-to-sue instructions state that an employee who receives an immediate right-to-sue notice has one year from the date of that notice to file a lawsuit.

This creates two distinct deadlines:

1. Submit the employment complaint to CRD within the applicable three-year period.
2. File the lawsuit within one year after the right-to-sue notice.

Requesting an immediate notice means CRD generally will not investigate the complaint. An employee who wants CRD to investigate may use a different process and receive a notice later.

Employees should consult an attorney before requesting an immediate notice when possible. Starting the one-year litigation clock before counsel has investigated the case can create unnecessary pressure.

If you are concerned that a California employment deadline is approaching, contact Allred, Maroko & Goldberg today.

Does a CRD Filing Automatically Protect Federal Claims?

Not necessarily.

The CRD’s right-to-sue instructions state that CRD does not file an immediate right-to-sue complaint with the EEOC. An employee seeking to preserve federal claims may need to contact the EEOC separately.

Employees should confirm:

• Which agency received the complaint
• The official filing date
• Whether the filing was cross-filed
• Which laws were identified
• Whether state and federal notices were issued
• The deadline stated in each notice

Assuming that a state filing automatically preserves federal rights can result in a missed EEOC deadline.

How Long Do Los Angeles Employees Have to File an EEOC Charge?

Federal employment laws may protect employees from discrimination based on race, color, religion, sex, pregnancy, national origin, age, disability, genetic information, sexual orientation, or gender identity. Federal law also prohibits retaliation for exercising protected rights.

The EEOC Los Angeles District Office explains the applicable charge-filing rules. Because California has state laws prohibiting employment discrimination, employees generally have up to 300 days after the alleged violation to file an EEOC charge.

Potential federal laws include:

• Title VII of the Civil Rights Act
• The Americans with Disabilities Act
• The Age Discrimination in Employment Act
• The Genetic Information Nondiscrimination Act
• The Pregnant Workers Fairness Act
• Associated federal retaliation provisions

The federal 300-day deadline is much shorter than the CRD’s three-year filing period. Employees who wait beyond 300 days may preserve a California claim while losing the related federal claim.

What Is the Federal Right-to-Sue Deadline?

After the EEOC concludes its investigation or otherwise issues a notice of right to sue, the employee generally has 90 days to file a federal discrimination lawsuit.

This deadline is strict and is measured in calendar days. Employees should save:

• The notice
• The email or portal message transmitting it
• The envelope and postmark
• Records showing the receipt date
• The EEOC charge number

A California right-to-sue notice and an EEOC right-to-sue notice are not interchangeable. Each may create a different deadline for different claims.

How Long Do You Have to Bring a Sexual Harassment Claim?

Workplace sexual harassment can create claims under California and federal law.

General periods may include:

• CRD intake form: three years from the last date of harm
• FEHA lawsuit: one year after the CRD right-to-sue notice
• EEOC charge: generally 300 days
• Federal lawsuit: 90 days after the EEOC notice

Sexual harassment may include quid pro quo demands, unwanted advances, offensive sexual messages, unwanted touching, or a hostile work environment.

When the conduct includes sexual assault, the survivor may have separate civil claims against the perpetrator and responsible institutions. Those claims can be governed by different statutes of limitations from the employment claims.

A survivor should record the dates of the conduct, complaints to management, employer investigations, retaliation, and termination.

What Is the Deadline for Workplace Retaliation?

There is no single California retaliation deadline. The filing period depends on the protected activity and law involved.

Retaliation may occur after an employee:

• Reports discrimination or harassment
• Requests a disability accommodation
• Uses protected leave
• Complains about unpaid wages
• Reports safety violations
• Refuses to participate in illegal conduct
• Reports suspected fraud
• Cooperates with an investigation
• Discusses workplace pay
• Reports patient abuse

Potential deadlines include:

• CRD complaint for FEHA retaliation: generally three years
• EEOC charge for federal retaliation: generally 300 days
• Labor Commissioner retaliation complaint: generally one year
• FMLA retaliation lawsuit: generally two years or three years if willful
• Whistleblower lawsuit: potentially three years, depending on the claim

The deadline generally starts when the retaliatory action occurs, not when the original complaint was made.

How Long Do You Have to File With the California Labor Commissioner for Retaliation?

Employees can file certain retaliation complaints with the California Labor Commissioner, also known as the Division of Labor Standards Enforcement.

According to the Labor Commissioner’s current retaliation complaint procedures, most administrative retaliation complaints must be filed within one year of the adverse action.

Shorter or different deadlines can apply. The agency identifies examples that include:

• A 90-day deadline for certain childcare-facility complaints
• A two-year period for pay-disparity claims
• A three-year period for willful pay-disparity claims
• A separate 30-day federal OSHA deadline for certain safety-related retaliation complaints

Because some deadlines are extremely short, employees should seek legal guidance immediately after suspected retaliation.

What Is the Deadline for a California Whistleblower Claim?

California Labor Code Section 1102.5 protects qualifying employees who disclose, report, or refuse to participate in conduct they reasonably believe violates a state or federal law or regulation.

Potential whistleblower conduct includes:

• Reporting fraud
• Reporting regulatory violations
• Disclosing unsafe practices
• Refusing to falsify records
• Reporting patient or consumer risks
• Cooperating with government investigations
• Reporting suspected legal violations internally to a person with authority to investigate

A civil lawsuit under Labor Code Section 1102.5 may be subject to a three-year limitations period as a statutory claim. A related Labor Commissioner complaint may have a shorter administrative deadline.

Whistleblower cases can also involve specialized statutes with their own filing periods. Healthcare, financial, transportation, government-contracting, and occupational-safety claims may follow different procedures.

What Is the Wrongful Termination Deadline in California?

“Wrongful termination” describes several possible legal claims rather than one universal statute.

A common-law lawsuit for wrongful termination in violation of public policy is generally subject to a two-year limitations period. The period typically runs from the termination date.

A termination may violate public policy when it is based on:

• Reporting illegal conduct
• Refusing to participate in unlawful activity
• Exercising a statutory right
• Performing a legal obligation
• Reporting discrimination or harassment
• Taking protected leave
• Requesting a reasonable accommodation

A discriminatory termination may also support a FEHA claim, which follows the CRD and right-to-sue deadlines. A contract-based termination claim may have a two- or four-year period depending on whether the agreement was oral or written.

Employees should evaluate all potentially applicable theories rather than assume that “wrongful termination” always means two years.

What Are California Wage Claim Deadlines?

Wage-and-hour claims may involve unpaid minimum wages, overtime, commissions, bonuses, final wages, meal periods, rest periods, unreimbursed expenses, or unlawful deductions.

The California Labor Commissioner’s wage claim guidance identifies general periods that include:

• Two years for claims based on an oral agreement
• Four years for claims based on a written agreement
• Three years for unpaid minimum wages or overtime

Different remedies and penalties may have different filing periods. A claim under California’s Unfair Competition Law may potentially reach back four years, while some statutory penalties may have shorter deadlines.

Waiting can reduce the recoverable wages one pay period at a time.

Employees should preserve:

• Pay stubs
• Schedules
• Time records
• Personal calendars
• Commission agreements
• Bonus plans
• Expense receipts
• Messages concerning off-the-clock work
• Meal and rest-period records
• Termination and final-paycheck documents

How Long Do You Have to Bring a California Equal Pay Claim?

The California Equal Pay Act generally requires employees performing substantially similar work to receive equal pay regardless of sex, race, or ethnicity, subject to lawful defenses.

The Labor Commissioner states that a pay-disparity claim generally must be filed:

• Within two years of the alleged violation
• Within three years if the violation was willful

A retaliation complaint for asking about or challenging unequal pay may have a shorter one-year administrative deadline.

Federal Equal Pay Act claims generally also have a two-year period, extended to three years for willful violations. Employees may have overlapping discrimination claims that require an EEOC or CRD filing.

Each discriminatory paycheck can affect the limitations analysis. Employees should seek advice promptly.

What Is the Deadline for a Family or Medical Leave Claim?

California employees may have rights under:

• The California Family Rights Act
• Pregnancy Disability Leave
• The federal Family and Medical Leave Act
• Reasonable-accommodation provisions of the FEHA
• California paid sick leave laws
• Los Angeles leave ordinances

A CFRA or pregnancy-disability claim generally uses the CRD three-year administrative filing period and the subsequent FEHA right-to-sue deadline.

A federal FMLA lawsuit generally must be filed within:

• Two years of the alleged violation
• Three years if the violation was willful

Leave violations may include denial of leave, interference, failure to reinstate, counting protected absences against the employee, or retaliation.

Are Los Angeles Workers Protected by Local Ordinances?

Yes. Employees working within the City of Los Angeles may have rights under local minimum-wage, paid-sick-leave, wage-theft, hotel-worker, and fair-workweek ordinances.

For example, Los Angeles’s Fair Work Week Ordinance applies to qualifying employees of covered retail businesses. The city’s Notice to Cure guidance explains that an employee generally must provide the employer written notice describing the alleged violation and allow 15 calendar days for the employer to take action before filing a city complaint or civil action.

Local ordinance procedures can exist in addition to California and federal claims. Employees should not assume that a Labor Commissioner, CRD, or EEOC filing automatically satisfies Los Angeles requirements.

Are Public Employees Subject to Different Deadlines?

Public employees may face specialized deadlines involving:

• Civil service appeals
• Union grievances
• Administrative hearings
• Government claim requirements
• Writ proceedings
• Skelly hearings
• Federal-sector EEO procedures
• Internal agency appeals

Some public-sector deadlines can be measured in days rather than years. A government claim may be required for certain legal theories, while FEHA claims follow their own administrative framework.

Public employees should obtain legal advice immediately after discipline, suspension, demotion, or termination.

Does an Internal HR Complaint Extend the Deadline?

Usually not. An employee may spend months participating in interviews, responding to human resources, or waiting for an internal investigation. The CRD, EEOC, Labor Commissioner, and court deadlines may continue running during that time.

Do not assume the deadline is paused because:

• Human resources promised an investigation
• The employer requested patience
• A union grievance is pending
• Severance negotiations continue
• The employee appealed the discipline
• The employer placed the employee on leave
• The employee filed for unemployment
• The employee is still gathering evidence

An attorney can determine whether a specific tolling rule applies.

What Evidence Should You Preserve?

Employees should lawfully preserve:

• Employment agreements
• Offer letters
• Employee handbooks
• Performance reviews
• Awards and positive feedback
• Disciplinary notices
• Accommodation requests
• Leave requests
• Human resources complaints
• Emails, text messages, and workplace chats
• Pay stubs and schedules
• Commission plans
• Witness names and contact information
• Termination documents
• Severance agreements
• CRD and EEOC notices
• Agency confirmation numbers
• A private timeline of events

Do not remove trade secrets, confidential patient information, customer records, or documents you are not authorized to possess.

Why Choose Allred, Maroko & Goldberg?

Allred, Maroko & Goldberg was founded nearly five decades ago by Gloria Allred, Michael Maroko, and Nathan Goldberg. The firm represents employees in sexual harassment, discrimination, retaliation, whistleblower, wrongful termination, and civil rights cases.

According to the firm’s website, its attorneys have recovered more than $1 billion for clients. Past results do not guarantee future outcomes, but this history reflects the firm’s longstanding commitment to employee rights and justice.

Led in part by Gloria Allred; renowned for representing victims in high-profile discrimination, harassment, and civil rights matters—the firm brings extensive experience to complex employment disputes.

Frequently Asked Questions About California Employment Deadlines

Is the deadline three years for every California employment claim?

No. The CRD deadline is generally three years, but federal, wage, retaliation, contract, whistleblower, and public-sector claims may have different periods.

Does filing with CRD preserve my EEOC claim?

Not necessarily. Employees should confirm whether their state filing was cross-filed and separately protect the 300-day federal period.

Can I sue immediately after filing with CRD?

A person pursuing a FEHA lawsuit must first obtain a right-to-sue notice. Requesting an immediate notice generally means CRD will not investigate.

Does severance negotiation pause the deadline?

Not automatically. Continue calculating all agency and court deadlines unless a valid agreement and applicable law provide otherwise.

When does the deadline start after termination?

The termination date is often the key date, even if the employee receives the final paycheck, severance offer, or unemployment decision later.

Can a missed deadline be extended?

Limited tolling or equitable doctrines may apply in unusual circumstances. Employees should not assume an extension is available.

What if I have several claims?

Each claim may have a separate deadline. An employee may need to satisfy the shortest period to preserve every available right.

Take Action Before Your California Employment Deadline Expires

California provides strong workplace protections, but those rights are enforced through strict administrative and court deadlines. A three-year CRD period does not preserve a 300-day EEOC claim, and filing an agency complaint is not the same as filing a lawsuit.

Allred, Maroko & Goldberg can evaluate the dates, legal claims, agencies, and right-to-sue requirements before time runs out.

Call Allred, Maroko & Goldberg in Los Angeles today to schedule a confidential consultation.

This page provides general information and does not constitute legal advice. Employment deadlines are highly fact-specific and may change based on the claim, employer, forum, and date of the conduct.