What Is the Statute of Limitations for Filing a Wrongful Demotion Lawsuit?
If you believe that you were wrongfully demoted in the workplace, you may have the legal grounds to file a lawsuit against your employer. But time is against you as wrongful demotion does have a statute of limitations. The California Employment Attorneys Group has expert employment lawyers who understand the intricacies of employment law and can get you the damages to which you deserve.
Wrongful demotion as a form of punishment is unlawful for employers to perform, but is typically done due to some circumstances (of which the employee was within their legal right to make). When an employer wrongfully demotes you because of something you had the legal right to do, you have the legal right to file a lawsuit against your employer. But time is ticking as there is a statute of limitations for wrongful demotion. How long you have to file the lawsuit against your employer for wrongful demotion does not have a straightforward answer, and depends on what the employer demoted you for. The wrongful demotion could have been for a variety of illegal reasons and depending on what that reason was, your statute of limitations may vary.
The California Employment Attorneys Group is here to help you get the damages to which you are rightfully entitled. We are here to ensure that you file your lawsuit promptly within the statute of limitations. The California Employment Attorneys Group help people like you every day and answer any questions our clients may have about wrongful demotion. Examples of such questions include:
- I was demoted at my job. How long do I have to sue my employer?
- I was wrongfully demoted from my work. They demoted me from a higher position to a lower position for an illegal reason. What is the time limit to sue?
- What is the statute of limitations for filing a wrongful demotion claim in California?
- When is the deadline to sue my company for wrongful demotion?
Here are a few things you need to know about the statute of limitations if you were wrongfully demoted.
What Is the Statute of Limitations?
Most crimes have a statute of limitations connected to them. The statute of limitations is that time during which a party can make a legitimate legal lawsuit against another party. It forbids prosecutors from taking legal action against someone with a crime that was committed a certain time ago. The purpose of a statute of limitations is to ensure that a conviction only occurs during the time that evidence is as clear as possible and has not deteriorated with time. After the statute of limitations has expired, the alleged criminal is basically free.
Crimes like discrimination, violation of public policy, or breach or written/implied contract all have statute of limitations. While it is unlawful for employers to wrongfully demote employees, there is not set statute of limitations for wrongful demotion because it is normally the result of violation of public policy, discrimination, or the written/implied contract. So depending on what your wrongful demotion was in the first place, your statute of limitations to file a lawsuit may vary.
Wrongful Demotion Because of Violation of Public Policy
California is an at-will state, meaning that the employer can terminate the employee without any rhyme or reason. The employer, in their terminating, cannot violate any public policy that protects their employee from harassment or discrimination.
California law restricts the time to file a lawsuit against your employer to two years after the date of termination if your employer has disciplined you and has violated public policy by doing so.
Wrongful Demotion Because of Discrimination
If you were discriminated against and then demoted, you actually have two types of law which may assist you in your lawsuit. Both federal and state laws set aside which outline different statutes of limitation. Title VII of the Civil Rights Act makes it illegal for employers to discriminate against employees against things like race, sex, religion, country of origin, sexual orientation, genetic information, and other such things. The Equal Employment Opportunity Commission (EEOC) enforces the Civil Rights Act.
At the state level, California’s Fair Employment and Housing Act (FEHA) protects employees against much of the same things. The Department of Fair Employment & Housing (DFEH) enforces these laws.
Normally, under just the EEOC (the federal organization which enforces federal anti-discrimination laws) you would have just 180 days to file a charge with them. But because federal and state laws have many of same anti-discrimination laws, at least in the state of California, the deadline to file your charge is extended to 300 calendar days.
For example, if you were discriminated against and demoted because of your race, you have 300 days to file a charge with either the EEOC or the DFEH.
Wrongful Demotions Because of a Breached Contract
When an employee signs an employment contract, the employer is bound to those terms. If the employer wrongfully demotes you and breaches those terms and conditions of the employment contract, you have the right to file a lawsuit against your employer. The statute of limitations for breach of contract is four years. The four years begins from the date that your contract was breached.
So for example, if your contract was breached two (2) weeks before you were wrongfully demoted, you have four (4) years to file your lawsuit from the day the contract was breached, not the date of discipline.
If, however, there is no written contract but rather an implied, or oral contract, the statute of limitations decreases to two years from the date of breach.
The California Employment Attorneys Group is here to ensure that justice is served. We are here to help you get the maximum amount of damages which you fully deserve. We offer free consultation and the zero-fee guarantee – this means that there is no financial obligation or risk on your part! There is no obligation or risk because if we don’t prove your case, you do not pay for our services. Call us today to see what we can do for you.