Legal Question in Civil Litigation in California

I know the S.O.L. for Wrongful Termination is 1 year. ,,,,But, can the Relation Back-Doctrine bring back a cause of action for Wrongful Termination (when amending the original complaint to a F.A.C.), so long as the criteria is met (same parties, same offending instrument, same damages sought, same circumstances, etc.)?

(I had asked this question over 2 months ago in the Labor/Employment section of this site, and no one responded. Secret Access Key: 3tzDZTZe0c )


Asked on 7/28/14, 10:05 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

First of all, wrongful termination is not a specific cause of action, but a broad category of several related causes of action that have different statutes of limitation. For example, bringing an action based on an employer's violation of California's Fair Employment and Housing Act is governed by a one year statute from the date the DFEH issues a "right to sue" letter. A termination for violation of a public policy is governed by a two (2) year statute of limitation.

Second, the doctrine of relation back is also broad. In your situation, you are claiming that the amended complaint "relates back" to the earlier complaint and therefore escapes the statute of limitations bar. To be related back, the amended complaint must be based on the same general set of facts in the original complaint, seek recovery against the same defendants for the same injuries, and refer to the same incident.

Whether or not this applies requires an application of the specific facts to those legal elements.

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Answered on 7/29/14, 8:53 am


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