Legal Question in Employment Law in California

It depends on the basis for your wrongful termination lawsuit. If you have a claim for discrimination, harassment, or retaliation, the California Fair Employment and Housing Act (FEHA) requires that an aggrieved employee file an administrative complaint with the Department of Fair Employment and Housing (DFEH) within one year of the final act of discrimination, harassment, or retaliation. Once the administrative complaint is filed, you can ask for a "right to sue" letter, which allows you to file a lawsuit in California courts. You have one year from the date of the right to sue notice to file a civil complaint.

If you do not file the administrative charge with the DFEH within one year of the last act of discrimination, harassment, or retaliation, you will not be allowed to maintain a civil lawsuit for FEHA claims. However, you can still file a lawsuit for common law wrongful termination within two years of the last act of discrimination, harassment, or retaliation. This is not recommended, as there are many benefits to filing a lawsuit pursuant to FEHA as opposed to common law.

If you feel you may have a claim for discrimination, harassment, and/or retaliation, you can contact my law firm at (213) 536-4236. One of the attorneys here would be happy to discuss your situation and assess your rights.