What Is the Statute of Limitations for Filing a Retaliation Lawsuit
Did you try to make your voice heard as an employee but were shut down? Did you try to exercise your rights in your workplace only to experience retaliation? If your boss retaliated against you, you might be considering taking legal action and filing a workplace discrimination lawsuit. You should not take too long considering filing a lawsuit as there is a deadline to sue in California for retaliation claims. Unfortunately, many employees who have experienced retaliation take too long simply thinking about taking action; when they finally contact a law firm, it is too late, and they can no longer sue. If you are interested in filing a lawsuit against your employer, the first thing you must do is seek legal assistance and speak to an attorney who can give you information on the statute of limitations for retaliation lawsuits in California.
California Employment Attorneys Group is a law firm dedicated to representing employees that have been victimized in their workplace. Our law firm practices in San Diego, Irvine, Anaheim, Santa Ana, Orange County, Fontana, Pomona, San Bernardino, Corona, Riverside, Visalia, Tulare County, Stockton, Modesto, Bakersfield, Fresno, and Los Angeles. No matter where you might be located in California, we guarantee that one of our lawyers at California Employment Attorneys Group will be able to help you.
The following sections contain information about retaliation in the workplace and the statutes of limitations that might apply to those cases. Although you should find the following sections informative, you should not use the details provided in place of a consultation with a workplace retaliation attorney. Only an experienced attorney at California Employment Attorneys Group will be able to give you case-specific information to start you on your way towards a workplace retaliation lawsuit. Our attorneys will also give you the information you need for you to understand the timeline to sue for retaliation in the workplace. You should not hesitate to contact our law firm—you must do so before the statute of limitations that applies to your case runs out, and you lose your right to sue.
What is a Statute of Limitations?
A statute of limitations is a time limit that is placed on a claim with the purpose of preventing people from sitting on their claims for too long. Why does the law try to control the amount of time a plaintiff can hold on to a claim? If there is no statute of limitation in place, the plaintiff will not have a sense of urgency to file his or her claim. When the plaintiff finally decides to pursue the claim an unreasonable number of years after the incident, it is likely that the defendant will not have the evidence necessary to disprove the claim. A statute of limitations is, in other words, designed to protect defendants from unjust claims. The statute of limitations that applies to a case will vary depending on the type of claim being pursued. There might also be exceptions to the statute of limitations—that might change the total time you have to file a case.
Exceptions to Statute of Limitations
Because of the variance and exceptions that might apply to statutes of limitation, you must immediately seek legal guidance when considering filing a lawsuit. Below, you will find a few exceptions that might apply to your case:
- The defendant leaves the state—if the defendant leaves the state during the timeframe of the statute of limitations, the total period the defendant was out of state will be added to the statute of limitation. There is no similar exception for cases where the plaintiff is out of state.
- The plaintiff is mentally incompetent or disabled—if the plaintiff is mentally incompetent or disabled at the time of the incident, the statute of limitation is paused until the plaintiff regains mental competency.
- The defendant dies—if the defendant dies before the statute of limitation is over, the statute of limitations is disregarded, and the plaintiff must file the claim within one year of the defendant’s death.
- The plaintiff dies—if the plaintiff dies before the original statute of limitation has ended, a legal representative must submit the claim either within six months of the plaintiff’s death or within the original statute of limitation, whichever comes later.
As you can see, there are many exceptions that might apply to your case. For more thorough information on all the other exceptions that might apply to your case, you must immediately seek legal assistance from California Employment Attorneys Group. If you do not contact a law firm, you might not get the information you need about the statute of limitations that applies to your case, and you might lose your right to sue.
What is the Statute of Limitations for Retaliation?
Because victims of workplace retaliation have many options concerning taking legal action, the time limits might vary depending on the type of action being pursued. Below, you will find a description of each time limit that applies to the differing legal actions:
- File a complaint with the Equal Employment Opportunity Commission (EEOC)—the EEOC is the federal agency that oversees all employment laws and employee complaints against employers. Employees have 180 days from the last incident to file a complaint with the EEOC. If there is a state agency enforcing the same laws as the EEOC, the time limit extends to 300 days. In California, since there is a state agency enforcing employment laws, the time limit to file a complaint with the EEOC is 300 days.
- File a complaint with the Department of Fair Employment and Housing (DFEH)—the DFEH is the California state agency that oversees the state’s employment laws and employee complaints against employers. Employees have six months to file complaints of retaliation, with a few exceptions.
If you experienced retaliatory termination and you are not interested in filing complaints with the agencies mentioned above, you might be interested in filing an independent lawsuit. The California Statute of limitations for retaliation cases is two years. You will need to immediately contact a retaliation attorney for information on any exceptions that might apply to your statute of limitations.
California Employment Attorneys Group
Did you exercise your employee rights in your workplace and experience retaliation as a result? Did your employer demote you or terminate you for exercising your rights in your place of work? If you got fired due to retaliation, you might be interested in taking legal action against your boss. It might take some time to recover from the mental and emotional stress that accompanies illegal retaliation; however, it is essential that you seek legal assistance before you lose your right to sue. Why would a victim of illegal retaliation lose his or her right to sue? Unfortunately, if victims of workplace retaliation do not file their claims within the time limit in California to file a lawsuit against your employer for retaliation, they will no longer be able to sue. Because of this, people interested in pursuing legal action against their boss for retaliation must immediately contact California Employment Attorneys Group. California Employment Attorneys Group practices in Los Angeles, Fresno, Bakersfield, Modesto, Tulare County, Visalia, Riverside, Corona, San Bernardino, Pomona, Fontana, Orange County, Santa Ana, Anaheim, Irvine, and San Diego. No matter where you work or where you experienced retaliation from your employer, we guarantee that there will always be a skilled retaliation attorney waiting to help you.
If you experienced retaliation in the workplace, you are likely experiencing mental and emotional distress. Because of this mental and emotional distress, you might be hesitating to contact a law firm. You might not want to deal with the hassle of finding a lawyer and dealing with the legal fees associated with filing a lawsuit. Our law firm understands what you are going through, but you must take immediate action—if you do not, you risk the possibility of losing your right to sue. California Employment Attorneys Group aims to facilitate the legal process as much as possible. We offer free consultations and free second opinions so that no fees are in your way of getting legal assistance. During your free consultation, you can expect an experienced attorney to answer all of your questions and address all of your concerns; our attorneys will cover everything there is to know about your case, including how much time you have to file your lawsuit. If you already have an attorney, you might benefit from a free second opinion. You must consider your experience with your current attorney. Have you felt rushed at any point by your attorney? Do you believe that your attorney failed to answer most of your questions? Unfortunately, many attorneys rush through cases and overlook or neglect important pieces of information. This incompetence risks the outcome of lawsuits. Do you want to risk the result of your lawsuit? If you want a higher chance of a successful lawsuit, contact California Employment Attorneys Group as soon as possible and schedule a free second opinion. Our attorneys will give you and your case all the time necessary to ensure that every detail has been thoroughly discussed.
California Employment Attorneys Group offers all clients a Zero-Fee guarantee that ensures that clients will never have to worry about any upfront fees. Additionally, our law firm is strictly based on contingency, so you will not have to pay anything until our attorneys win your lawsuit against your employer. You must immediately contact California Employment Attorneys Group to start your legal process against your boss.