How Long Do I Have to File a Wrongful Termination Claim in CA?

A firing often produces several claims at once. Each claim has its own filing window, and some go to different agencies.

For claims under the Fair Employment and Housing Act (FEHA), the CRD's workplace poster says: "Complaints must be filed within three years of the last act of discrimination/harassment/retaliation."

For workers under 18, the same poster says "complaints must be filed within three years after the last act of discrimination/harassment/ retaliation or one year after their eighteenth birthday, whichever is later."

Once the CRD issues a right-to-sue notice, a second clock starts. The CRD's right-to-sue page tells workers: "Understand that you have one year from the date of your Right to Sue notice to file a lawsuit."

The two deadlines stack. The CRD complaint is filed inside three years of the last act. The lawsuit is filed inside one year of the date on the notice.

Take a made-up worker whose last act of discrimination, the firing, happened on March 1, 2026.

1. The CRD complaint window is three years from the last act: March 1, 2026 plus three years runs to March 1, 2029.
2. Say the worker files with the CRD and gets a right-to-sue notice dated June 1, 2026.
3. The court window is one year from the date of the notice: June 1, 2026 plus one year runs to June 1, 2027.

In this example the court deadline lands in 2027, long before the 2029 date on the CRD clock. The date on the notice sets the court deadline.

Each figure below links to the official page that states it.

| The claim | Where it is filed | The deadline | |---|---|---| | FEHA discrimination, harassment or retaliation | Civil Rights Department | 3 years from the last act | | FEHA lawsuit after a right-to-sue notice | California court | 1 year from the date of the notice | | Breach of a written employment contract | California court | 4 years from when the agreement is broken | | Breach of an oral employment contract | California court | 2 years from when the agreement is broken | | Most retaliation under Labor Commissioner jurisdiction | Labor Commissioner's Office | 1 year from the adverse action | | Pay disparity, Labor Code 1197.5 | Labor Commissioner's Office | 2 years from the violation, 3 years if willful | | Retaliation over child day care licensing rules, Health and Safety Code 1596.881 | Labor Commissioner's Office | 90 days after the adverse action |

The court's self-help page puts the contract rules plainly: "For a written contract, you generally must file your lawsuit within 4 years of when the agreement is broken." And "For a verbal contract, you must file it within 2 years of when the agreement is broken."

For a FEHA claim, the CRD complaint comes first, within three years of the last act. The lawsuit follows, within one year of the date printed on the right-to-sue notice. The CRD explains how notices are issued on its right-to-sue page.

Contract claims go straight to court, on the four-year and two-year clocks in the table above.

The Labor Commissioner is a separate path from the CRD. It covers retaliation under the laws it enforces, such as a firing after a complaint about unpaid wages. Its office states: "In most cases, an employee, former employee, or job applicant alleging retaliation under a law within the jurisdiction of the Labor Commissioner must file the complaint with the Labor Commissioner's Office within one year of the adverse action."

That one-year window is shorter than the CRD's three years. The same page lists the exceptions, including the 90-day child day care rule and the pay disparity rule in the table.

1. Write down the date of the firing and the date of the last incident before it. Both dates can start clocks.
2. Match each claim to its agency: the CRD for FEHA discrimination, harassment and retaliation, the Labor Commissioner's Office for retaliation under the laws it enforces, and the court for contract claims.
3. Check each claim type against the table above and write the date its deadline falls on beside it.
4. Once the CRD issues a right-to-sue notice, mark one year from the date printed on it. The CRD's rule is that the lawsuit is filed within that year.
5. Keep records of the firing in the meantime. Our page on what to do if you are fired lists them.

Wrongful termination in violation of public policy is a separate claim with its own deadline in the Code of Civil Procedure. This page gives no figure for it. The code section is on the California Legislature's site.

Lipeles Law Group has represented California employees since 2007, from Hermosa Beach, in English and Spanish. An expired statute of limitations is a case we have to turn away, whatever happened at work. That is why our case review asks for dates up front, and why week one is a better time to reach us than year three.

This page explains the general rules. It is no substitute for advice on one person's facts.

For background on the claim itself, see our wrongful termination practice page and wrongful termination in California: what you need to know. If the firing followed a report of wrongdoing, read retaliation against whistleblowers in the workplace. For our other work for employees, see employment law.

Take the two-minute wrongful termination case review and give us your firing date, so we can check your deadline before it runs out.