Statute of Limitations for an Employment Law Claim

Answer:

I was doing a training seminar about two weeks ago and one of the questions that was asked by an audience member was, “How long do I have to bring an employment claim in California?” I sort of laughed and gave an answer that is typical of an attorney, which was, “Well, it depends.” Some of the statutes are extremely short. Some of the time frames to bring a lawsuit will depend on the type of claim that you’re going to bring. Some require that you do something within six months of termination. Some of the same statutes or very similar statutes will allow a time period greater than that – a year, and arguably up to three years. As to whether or not you have six months, a year, or three years, depends on the type of claim that you’re bringing and on the type of employer you’re going to sue. Some of the factors involved include the size of the employer. How many employees does it have within a certain geographical area? Is that employer a public entity or a private entity? There’s a lot of questions in determining how long you have to bring an employment claim in California. It’s a very fact-intensive inquiry. I think it’s important that, regardless of what type of claim you’re going to bring, you reach out to an attorney as soon as you can to make sure that no timelines are being blown. I also think it’s important for you to understand that the statute will change depending on various factors. The sooner that you can bring your claim, the more likely the evidence will be there. Your co-workers are still there, so we can talk to them. Documents are still around and haven’t been destroyed. Again, how long it takes to bring a claim will depend on the type of claim, but sooner is always better. If you have a question about the type of claim that you want to bring or when you can bring it, give us a call. If you think too much time has gone by, still give us a call. We might not be able to bring a lawsuit under one area of the law, but still might be able to bring in another area of the law. Again, if you have questions about your type of claim or the timing of your claim, give us a call. We’ll be more than happy to help. Thanks.