At the Leichter Law Firm, APC, the Los Angeles employment law attorney, Aryeh Leichter knows there is a lot of confusion regarding the legality of pursuing a California employer after an employee’s workplace rights have been violated. Some employees may believe they have little recourse to pursue a legal claim when their rights have been violated. Others may know that they do not have to suffer from harassment, discrimination, or retaliation for speaking up about these unlawful behaviors, but just do not know how to get started with a claim.
The one thing hardly any employees consider is that there are statutes of limitations on every type of employment law case. These statutes are essentially timeframes in which an employee may pursue an employment law claim against their employer.
Since there are multiple types of employment law claims, the violation in question will dictate how your claim is handled, including its deadlines. Here is what California employers need to know.
Identify What Type of Employment Law Case You Have
Before any applicable timeline can be reviewed, employees must first understand which California employment law violations their employer committed.
Depending on the facts of the case, this may include sexual harassment, racial discrimination, or retaliation for reporting a workplace safety violation, to name a few common claims.
What Are the Statutes of Limitations for Filing a California Employment Law Claim?
California employees have one year from the date the harassment, discrimination, or retaliation occurred to file a report with the California Civil Rights Department (CRD). This will allow the government agency to investigate the claim, and either pursue the employer for a legal remedy on their own or provide the employee with a “Right to Sue Notice” that allows him or her to pursue the claim privately by partnering with an experienced California employment law attorney.
If you are afforded a Right to Sue Notice from CRD, you have one year to file a legal claim against your employer for discrimination, harassment, or retaliation.
In addition, employees can file claims for certain California Labor Code violations in the following timeframes:
- One year to file a lawsuit for defamation.
- Two years to file most claims for wrongful termination or retaliation.
- Two years to sue for breach of an oral contract.
- Two years to file a claim accusing the employer of outrageous workplace conduct aimed at causing emotional distress.
- Three years to file claims for failure to pay the wages or overtime employees were legally entitled to.
- Three years to sue for fraud.
- Four years to sue for breach of a written employment contract.
Schedule a Free Consultation at Leichter Law Firm, APC today
No matter what the workplace violation may be, contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in Los Angeles County today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online.