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- Written by: Mo Eldessouky — California employment trial lawyer and founder of Eldessouky Law; recognized in the Top 10 Labor & Employment Verdicts in California (2024) for his role in securing a $34.7M defamation and wrongful termination verdict against Walmart; with over a decade of proven results in cases involving harassment, discrimination, wage & hour, and other workplace violations
- Focus: Practical guidance based on California law and real case outcomes
- Recognized by: Eldessouky Law has been featured in major news publications such as USA Today and CBS News for our commitment to protecting California employees and securing significant legal victories
- Last updated: August 2024
In California, you typically have two years to file a wrongful termination lawsuit from the date of your termination. However, the time limit can vary depending on the specific claim you are making and the laws that apply. For example, if your claim involves a violation of the Fair Employment and Housing Act (FEHA), you must first file a complaint with the Department of Fair Employment and Housing (DFEH) within one year of your termination.
After receiving a “Right to Sue” letter from the DFEH, you then have one year to file a lawsuit in civil court. If your claim is based on a different legal theory, such as breach of contract or retaliation under federal law, the time limits might differ.
It’s crucial to act quickly and consult with an employment attorney to ensure you meet all necessary deadlines, as missing them could result in losing your right to pursue legal action.
In summary, the time you have to file a wrongful termination lawsuit in California generally ranges from one to two years, depending on your specific claim. Consulting with an attorney early on can help you navigate the deadlines and protect your rights.
