[Disclosure: the following is not intended as legal advice and does not create an attorney-client relationship. You should always consult with an attorney about your legal claims and questions relating to time limitations to file your claims.]
Statutes of limitation play a pivotal role in determining whether employees can seek legal remedies for workplace violations. These time limits dictate how long an individual has to file a claim or lawsuit after experiencing discrimination, harassment, wage violations, retaliation, or other unlawful workplace practices. Understanding these deadlines is crucial, as missing them can forever bar employees from pursuing justice.
Understanding Statutes of Limitation in Employment Law
A statute of limitation is a legal deadline by which a claim or lawsuit must be filed in court or with an administrative agency. These deadlines are designed to ensure that disputes are resolved in a timely manner, allowing courts to adjudicate cases while evidence is still fresh and witnesses are available.
In employment law, statutes of limitation play a particularly important role. Workplace violations—such as discrimination, harassment, or wage theft—often come with specific filing deadlines that vary based on the nature of the claim and whether it is pursued under state or federal law. These time limits not only maintain fairness in legal proceedings but also provide both employees and employers with a sense of closure, ensuring that disputes don’t linger indefinitely.
By adhering to these deadlines, employees can preserve their rights to pursue their claims. However, failing to file within the prescribed period generally means forfeiting the right to bring a claim.
What Happens If You Miss the Deadline?
Missing the statute of limitation for filing a claim can have serious repercussions. In most cases, courts, arbitrators, or administrative bodies will dismiss late-filed claims, regardless of their merit. For employees, this often means losing the opportunity to recover lost wages, emotional distress damages, or other remedies for workplace violations.
While some exceptions exist—such as equitable tolling or the continuing violations doctrine—they are rare and require the employee to prove their applicability. Therefore, it is essential to act quickly and consult an experienced employment attorney as soon as you believe your rights have been violated.
Factors That Impact Time Limits
Several factors can influence the statute of limitation for an employment law claim. Understanding these variables can help employees determine the correct filing deadline for their specific situation:
- Type of Claim: The nature of the violation often determines the applicable statute of limitation. For example, discrimination claims under California’s Fair Employment and Housing Act (FEHA) have a three-year limit, while claims for unpaid wages generally have a three-year deadline. Some claims, such as breach of a verbal contract, have even shorter timelines.
- Employer Size and Jurisdiction: In certain cases, the size of the employer and the jurisdiction under which the claim is filed may affect the deadline. For instance, federal employment laws such as Title VII of the Civil Rights Act apply only to employers with 15 or more employees and typically have shorter filing deadlines than state laws.
- Nature of the Employment Violation: Some claims involve a single violation, such as wrongful termination, while others may involve ongoing issues, such as repeated wage theft or harassment. For ongoing abuses, the continuing violations doctrine may extend the deadline, allowing employees to file claims based on the most recent incident.
- Awareness of the Violation: If an employee discovers a violation long after it occurred, the statute of limitation may begin from the date of discovery rather than the date of the breach. The “delayed-discovery” rule is sometimes applicable in defamation actions or cases involving fraud.
Statutes of Limitation for Common Employment Claims in California
California employment laws provide robust protections for workers, but each type of claim comes with its own filing deadlines. Below are the statutes of limitation for some of the most common employment law claims in the state:
Discrimination and Harassment Claims
Discrimination and harassment claims under California law are typically governed by FEHA. Employees have three years from the date of the discriminatory or harassing act to file a complaint with the California Civil Rights Department (CRD), which is a prerequisite to pursuing a lawsuit in court. Once the CRD issues a “Right-to-Sue,” an employee has one year to file in court or arbitration.
For claims filed under federal law with the Equal Employment Opportunity Commission (EEOC), the statute of limitation is much shorter—180 days from the date of the violation. However, if the claim is also covered by state law and a state agency enforces that law (as is typically the case in California), this deadline may be extended to 300 days. Once the EEOC issues a “Right-to-Sue,” an employee has 90 days to file in court or arbitration.
These deadlines are critical for employees facing discrimination or harassment based on protected characteristics such as race, gender, age, disability, or sexual orientation.
Wage and Hour Claims
Wage and hour violations, including unpaid wages and overtime, are subject to specific deadlines under California labor laws:
- Unpaid Wages and Overtime: Employees have three years from the date of the violation to file a claim for unpaid wages or overtime.
- Meal and Rest Break Violations: The statute of limitation for claims involving missed meal and rest breaks is also three years.
- Waiting Time Penalties: Claims for penalties under California Labor Code Section 203 related to the late payment of final wages must be filed “at any time before the expiration of the statute of limitations on an action for the wages from which the penalties arise.”
These deadlines are crucial for employees seeking to recover lost wages or penalties for employer noncompliance.
Wrongful Termination Claims
- Claims for wrongful termination in violation of public policy must be filed within two years of the termination date.
Retaliation Claims
Retaliation claims vary widely in their filing deadlines based on the nature of the retaliation:
- Whistleblower retaliation claims under California Labor Code Section 1102.5 typically have a two-year statute of limitation.
- Retaliation claims tied to FEHA-protected activities, such as opposing discrimination, must be filed within three years.
Understanding these timelines is essential for employees to protect their rights and pursue justice. Acting quickly and consulting with a qualified employment attorney can help ensure that claims are filed within the appropriate deadlines.
Special Circumstances That Can Impact Time Limits
Tolling of Deadlines
Tolling refers to the temporary suspension of a statute of limitation. In employment law, in some situations, tolling may occur if:
- The parties sign a tolling agreement to suspend the statute of limitations;
- The employee was unaware of the violation due to the employer’s concealment;
- An administrative agency is investigating.
Legal Recourse for Missed Deadlines
If you miss the filing deadline, you may have limited options. However, certain exceptions and alternative remedies may be available:
- Equitable Tolling and Estoppel: Equitable tolling may apply in situations where the employee acted in good faith but was prevented from filing on time due to extraordinary circumstances. Similarly, estoppel may prevent an employer from asserting a statute of limitation defense if their actions misled the employee.
- Alternative Actions: If the statute of limitation has passed, employees may still have options to pursue different state or federal claims.
Professional Legal Counsel for Employment Law Disputes
Understanding and adhering to statutes of limitation is essential for anyone seeking to address employment law violations in California. Missing these deadlines can result in lost opportunities for legal recourse, making it vital for employees to act promptly and seek expert guidance.
If you believe your rights have been violated, don’t delay. Contact Rudy, Exelrod, Zieff & Lowe, LLP to schedule a consultation and take the first step toward protecting your rights and achieving a fair resolution.