Getting To Know The Statute of Limitations for Wrongful Termination

Did you know that according to a study from the Center for American Progress, approximately one in five workers in the US have experienced wrongful termination at some point in their careers? The success rate of wrongful termination cases can vary widely, ranging from as low as 30% to as high as 90%. 

Wrongful termination pertains to being fired based on a protected characteristic. These terminations can happen because discrimination, harassment, or retaliation, among other reasons.

If you believe you’ve been wrongfully terminated, you have to act quickly to protect your legal rights. When addressing wrongful termination, timing is everything. You need to know the statute of limitations for wrongful termination in your state and file your complaint within that time frame. Failing to do so can mean losing your right to take legal action entirely.

Let’s get to know the statute of limitations for wrongful termination in California. 

Legal Time Constraints for Filing Claims

In California, the statute of limitations for wrongful termination is three years, though this can vary slightly. A Fair Employment and Housing Act (FEHA) claim has a three-year statute of limitations, but one can receive an extra year to file the claim in court, as you have three years to file the claim with the FEHA first. 

By filing within the statute of limitations, you preserve your ability to seek recourse for any injustice you have faced. If you believe you've been wrongfully terminated, act quickly to meet the deadline for filing your claim. 

Delaying can jeopardize your chances of obtaining legal remedies such as compensation for lost wages, reinstatement to your position, or other forms of relief.

Impact on Evidence Collection

When you delay filing your claim, evidence such as emails, performance reviews, witness statements, and other documentation supporting your case may become harder to obtain. Over time, memories fade, witnesses may become unavailable, and documents might get lost or destroyed.

The sooner you file, the sooner your attorney can begin the evidence collection process. This includes sending preservation of evidence letters to your former employer to prevent them from destroying any potentially incriminating documents.

Preserving Employee Rights

Preserving your rights guarantees that you may seek justice for any wrongful actions taken against you by your employer. When you file within the statute of limitations, you're actively asserting your rights and signaling to your employer that you won't tolerate unjust treatment.

By taking quick action, you can show your employer and your colleagues that you won't allow wrongful termination to go unaddressed and neither should they.

Importance of Timely Action

When faced with a situation where you believe you have been wrongfully terminated, delaying your response could potentially harm your chances of a successful resolution. By immediately addressing the issue, you demonstrate the seriousness of the matter and your commitment to upholding your rights as an employee.

Timely action also helps gather evidence and preserve important documentation supporting your case. This will ensure that all relevant information is fresh and readily available, strengthening your position when pursuing legal recourse.

Conclusion

So, remember to file your wrongful termination claim within the statute of limitations. Missing the deadline can mean losing your right to be compensated for any injustice you went through. Act now to protect your rights and hold your employer accountable.