Legal Question in Employment Law in California

There are actually multiple possible answers to this question, as there are both statutory and common law claims an aggrieved employee may assert. The standard wrongful termination statute in California is the Fair Employment and Housing Act (FEHA). This statute requires an employee who believes he or she was wrongfully terminated to file an administrative complaint with the Department of Fair Employment and Housing (DFEH) within one (1) year of the last act of discrimination, harassment, or retaliation, which is usually, but not always, the date of termination. There are certain benefits that come along with filing a lawsuit pursuant to the statute. So, if you were fired less than one year ago and think you have a case, you need to file a complaint with the DFEH before that one year mark. You can do this online, or you can call an employment attorney and ask for assistance.

However, if one year has already passed, you can potentially file a lawsuit under common law, which carries with it a two (2) year statute of limitations. You will lose some of the benefits of filing under the statute, but the legal theories for wrongful termination, discrimination, harassment, and retaliation remain the same.

If you feel you have been wrongfully terminated and want an attorney to assess your situation, please go to our website, www.sarnofflaw.com, and complete our Confidential Online Case Evaluation Form. That will provide us with pertinent information to conduct an initial evaluation of your rights and/or potential claims.