How Long Do You Have to Sue for Wrongful Termination in California?

Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated October 2026.

If you were fired and believe it was illegal, the most important question after “Do I have a case?” is “How long do I have?” California law does not set one statute of limitations for wrongful termination. Instead, each legal claim that can arise from a firing has its own deadline, and missing it can end the claim no matter how strong it is.

The short answer

For most employees fired by a private employer, the key deadlines are three years to file a FEHA complaint with the Civil Rights Department (for discrimination, harassment, retaliation or leave violations), two years to sue for wrongful termination in violation of public policy, and three years for most whistleblower retaliation claims under Labor Code section 1102.5. Claims against a public employer, complaints to the Labor Commissioner, and federal claims through the EEOC have shorter deadlines. Because the earliest deadline is the one that matters, it is best to speak with a lawyer well before any of them approach.

Wrongful termination deadlines by type of claim

Claim	Where it is filed	Deadline
Discrimination, harassment or retaliation under FEHA, including CFRA leave violations and failure to accommodate	California Civil Rights Department (CRD)	3 years from the unlawful act (Gov. Code § 12960(e))
Lawsuit after a CRD right-to-sue notice	Superior court	1 year from the date of the notice (Gov. Code § 12965(c))
Wrongful termination in violation of public policy (Tameny claim)	Superior court	2 years (Code Civ. Proc. § 335.1)
Whistleblower retaliation under Labor Code section 1102.5	Superior court	Generally 3 years (Code Civ. Proc. § 338(a))
Retaliation complaint to the Labor Commissioner (for example, for wage complaints or reporting safety violations)	Labor Commissioner	1 year (Lab. Code § 98.7)
Breach of a written employment contract	Superior court	4 years (Code Civ. Proc. § 337)
Breach of an oral or implied contract	Superior court	2 years (Code Civ. Proc. § 339)
Unpaid wages and final pay penalties	Superior court or Labor Commissioner	Generally 3 years (Code Civ. Proc. § 338), or up to 4 years for some claims under California’s Unfair Competition Law (Bus. & Prof. Code § 17208)
Discrimination under federal law (Title VII, ADA, ADEA)	EEOC	300 days (the deadline for California employees)
Federal lawsuit after an EEOC right-to-sue notice	Federal court	90 days from the notice
Federal Family and Medical Leave Act (FMLA)	Federal or state court	2 years, or 3 years for willful violations
Most damages claims against a public employer, other than FEHA claims	Government claim to the public entity	6 months (Gov. Code § 911.2)

The table lists the most common claims and is not exhaustive. Other claims, such as defamation (one year) or claims under specialized statutes, have their own deadlines.

FEHA: the three-year CRD deadline and the one-year lawsuit deadline

Most wrongful termination cases include a claim under FEHA, because the firing was motivated by a protected characteristic such as race, sex, pregnancy, age, disability or sexual orientation, or because the employee complained about discrimination or harassment, requested an accommodation, or took protected leave. Before suing under FEHA, an employee must file a complaint with the Civil Rights Department. Since January 1, 2020, the deadline to do that is three years from the unlawful act.

Most employees who plan to file a lawsuit request an immediate right-to-sue notice when they file with the CRD. Once the notice issues, the employee has one year to file the lawsuit in court. The two deadlines work together: an employee who waits nearly three years to file with the CRD still has one year from the right-to-sue notice to sue, but an employee who obtains a notice early cannot wait three years to file the lawsuit.

Wrongful termination in violation of public policy

California courts allow an employee to sue for wrongful termination when the firing violated a fundamental public policy stated in a statute or constitutional provision, such as firing an employee for refusing to break the law, for reporting illegal conduct, or for a reason FEHA prohibits. These claims, often called Tameny claims, have a two-year deadline and do not require a CRD complaint. Because the two-year deadline runs while a FEHA complaint is pending, it is often the first deadline to watch in a private-sector case.

Whistleblower retaliation

An employee fired for reporting a violation of law to a government agency, to a supervisor, or to someone with authority to investigate, or for refusing to participate in an illegal activity, may have a whistleblower retaliation claim under Labor Code section 1102.5 and other statutes. Courts generally apply a three-year deadline to these claims. An employee can also file a retaliation complaint with the Labor Commissioner, but that complaint must be filed within one year, and filing it is optional rather than required before suing.

When the clock starts, and when it can be extended

The clock usually starts on your last day of work

For a wrongful termination claim, the deadline generally begins to run on the date the employment actually ends, not the date you were told you would be let go (Romano v. Rockwell Internat., Inc. (1996) 14 Cal.4th 479). If you were given notice in March that your job would end in June, the clock usually starts in June.

Claims that involve conduct before the firing can be different. For harassment or a failure to accommodate that continued over months, California’s continuing violation doctrine may allow earlier conduct to be included if it was part of the same pattern and continued into the limitations period (Richards v. CH2M Hill, Inc. (2001) 26 Cal.4th 798). Other claims, such as a discriminatory demotion or denial of a promotion, may run from the date of that decision rather than the later firing.

Tolling

In limited circumstances, a deadline can be paused, which is called tolling. Courts have applied equitable tolling, for example, while an employee pursued an internal grievance or administrative remedy before suing (McDonald v. Antelope Valley Community College Dist. (2008) 45 Cal.4th 88), and the FEHA deadline can be extended in a few situations described in the statute. Tolling depends on the facts and is not something to rely on in planning. Settlement discussions with your former employer, an internal appeal, or a workers’ compensation or unemployment claim generally do not stop the clock on their own.

Public employers have shorter deadlines

If you worked for the state, a city, a county, a school district, a public university or another public agency, a different rule applies to many claims. Under the Government Claims Act, a claim for money damages against a public entity generally must be presented to the entity within six months, and a lawsuit can be filed only after the claim is denied (Gov. Code §§ 911.2, 945.4). FEHA claims are an exception: they follow the CRD process rather than the government claim process. Because the six-month deadline is so short, public employees should speak with a lawyer as soon as possible after a termination.

What to do now

1. Keep track of the key dates: the date you were told you were being fired, your last day of work, and the dates of any complaints, leave requests or other events that came before the firing.
2. Save what you already have, such as your termination letter, emails, texts, performance reviews and pay records. Do not take confidential company documents.
3. Find out whether your employer is a public entity. If it is, the six-month government claim deadline may apply.
4. Speak with a lawyer early. A lawyer can identify every claim that may apply and the earliest deadline among them, and filing early also preserves evidence and witnesses’ memories.

Frequently asked questions

How long do I have to sue for wrongful termination in California?

It depends on the claim. You generally have three years to file a FEHA complaint with the Civil Rights Department, two years to sue for wrongful termination in violation of public policy, and three years for most whistleblower retaliation claims. Claims against public employers and complaints to the Labor Commissioner have shorter deadlines.

Is the deadline different for discrimination?

Yes. A discrimination claim under California law must first be filed with the Civil Rights Department within three years, followed by a lawsuit within one year of the right-to-sue notice. A federal discrimination claim must be filed with the EEOC within 300 days (the deadline for California employees).

Does the deadline start when I was told I was fired or on my last day?

For a wrongful termination claim, the deadline generally starts on the date your employment actually ended.

I was fired more than a year ago. Is it too late?

Not necessarily. Many wrongful termination claims in California have two- or three-year deadlines. The answer depends on the claims involved and on whether your employer was a public entity, so it is worth having the facts reviewed promptly.

Does negotiating with my former employer stop the clock?

Generally no. Settlement discussions do not extend the deadline unless the employer agrees in writing to a tolling agreement.

Talk to a California wrongful termination lawyer

Rise Law Firm represents employees throughout California in wrongful termination, discrimination, harassment and retaliation cases, from chief executives to minimum-wage workers. We have secured millions of dollars for our clients, including recoveries against major companies, government entities, and celebrities. We work on a contingency basis, which means there are no fees or costs unless we recover compensation for you.

If you were wrongfully fired and want to know which deadlines apply to you, contact us to request a free, confidential consultation, or call (310) 728-6588.

This article provides general information about California and federal law and is not legal advice. Reading it does not create an attorney-client relationship.