What Is the Statute of Limitations to File a Racial Discrimination Lawsuit?
Are you the victim of racial discrimination in the workplace? If you are, you might be considering taking legal action against your employer as soon as possible. Why should you take action as soon as possible? Unfortunately, you cannot file a lawsuit claiming you were racially discriminated many years after the incident occurred. Why? Plaintiffs who take too long to file a claim might win a lawsuit by default since defendants might have lost evidence to disprove any claims. In general, plaintiffs have about two years to file lawsuits, although the amount of time allotted will vary depending on the cause of action of the lawsuit.
This time limit applied to claims is called a statute of limitations. As previously mentioned, it places a limit on the time in which a plaintiff can file a lawsuit. If the plaintiff does not file the lawsuit within the established statute of limitation, he or she might lose the right to sue. As soon as you consider the possibility of filing a lawsuit, you should seek legal assistance to find out what statute of limitation applies to your case. You will need to contact a law firm with experienced attorneys. California Employment Attorneys Group is a law firm that focuses on helping employees to exercise their rights in the workplace. If you were racially discriminated by your employer, you need to contact an attorney with experience handling racial discrimination cases. It does not matter where in California you are located. California Employment Attorneys Group practices in Los Angeles, Fresno, Bakersfield, Modesto, Stockton, Tulare County, Visalia, Riverside, Corona, San Bernardino, Pomona, Fontana, Orange County, Santa Ana, Anaheim, Irvine, and San Diego. Our attorneys will help you understand the statute of limitation that applies to your case and will help you start your lawsuit against your boss.
The following sections contain general information about the statute of limitations and racial discrimination in the workplace. Although you should find the following sections informative, you should not use the information below as a substitute for a consultation with a skilled attorney. Only an experienced workplace racial discrimination attorney will be able to offer case-specific details based on your situation. You must contact California Employment Attorneys Group as soon as possible.
What Statute of Limitations Applies to Your Case?
As previously mentioned, the statute of limitations for personal injury claims is generally two years. However, the statute of limitations varies depending on the type of claim being filed. You might be asking yourself about the time limit in California to file a lawsuit against your employer for racial discrimination. Racial discrimination in the workplace is a violation of Title VII of the Civil Rights Act of 1964. Depending on the legal action interested in taking, you might have a different statute of limitations. The statute of limitations for submitting a claim with the Equal Employment Opportunity Commission (EEOC) is 300 days. The EEOC is the federal agency that oversees discrimination complaints in the workplace. The California state agency, however, has a different statute of limitations to file a claim.The Department of Fair Employment and Housing (DFEH) requires claims to be submitted within one year of the last discriminatory incident. If you wish to file an independent lawsuit, the statute of limitation will depend on the type of lawsuit you bring forth. Many victims of racial discrimination in the workplace file lawsuits claiming the intentional infliction of emotional distress or negligence. The statute of limitation for these two causes of action is a total of two years.
Are There Any Exceptions to the Statute of Limitations?
There are many exceptions to the statute of limitations that might apply to your case. Because of this, it is essential that you meet with an attorney at California Employment Attorneys Group and discuss the deadline to sue in California for racial discrimination claims. Upon evaluating your case, a skilled attorney will be able to identify any exceptions to the statute of limitations. Below, you will find a few of the exceptions that might apply to your workplace racial discrimination lawsuit:
- If the defendant is out of state for a period during the statute of limitations, the original statute of limitations will be extended by the total amount of time the defendant was out of the state. For example, if the defendant leaves the state every two months for three days at a time—at the end of the year he or she has left six times for a total of eighteen days—the statute of limitations will be extended by eighteen days.
- If the plaintiff was mentally disabled or incompetent at the time of the incident, the statute of limitation is paused until the plaintiff regains mental competency.
- If the plaintiff is imprisoned, the statute of limitation pauses either until the release from prison or for two years—whichever comes first.
- If the plaintiff dies before the statute of limitations is over, surviving family members must file the lawsuit either six months after the plaintiff’s death or within the original statute of limitations—whichever comes later.
- If the defendant dies, the claim must be submitted within one year of the defendant’s death.
Other exceptions might apply depending on the following: plaintiff’s age, a restitution order, war, bankruptcy, voluntary agreement, felony conviction, and military status. Because of all the possible exceptions that might apply to your case, it is important for you to contact California Employment Attorneys Group and discuss the statute of limitations for racial discrimination lawsuits in California.
California Employment Attorneys Group
If an employee was discriminated against in his or her workplace based on race, the victim must seek immediate legal action. The employee’s race is a protected status based on both federal and state law. Unfortunately, there is a time limit in California to file a lawsuit against your employer for racial discrimination. If you have been victimized in your workplace, you need to take immediate action. You must not allow the racial discrimination to continue; you have rights in the workplace, and California Employment Attorneys Group will help you exercise them. If you experienced discrimination because of your race, you must speak to an attorney as soon as possible for information on the California Statute of limitations for racial discrimination.
California Employment Attorneys Group is a law firm dedicated to helping employees exercise their rights in the workplace. If you were racially discriminated in your workplace, you might be interested in filing a workplace racial discrimination lawsuit against your employer. California Employment Attorneys Group understands how difficult it can be to deal with racial discrimination in your workplace—you are likely experiencing mental and emotional distress. This might be preventing you from trying to take legal action against your employer; however, California Employment Attorneys Group aims to facilitate initialization of the legal process as much as possible. How does our legal staff facilitate accessibility to our legal services? California Employment Attorneys Group offers all racially discriminated employees free consultations and free second opinions. During your free consultation, you can expect our attorneys to answer all your questions and address all your concerns. We guarantee that our attorneys will give you and your case the time necessary to ensure that every angle has been covered and that you have all the information necessary to start the legal process against your employer. If you already have an attorney with another law firm, you might be interested in how you can benefit from a free second opinion. You must reflect on your experience with your current attorney. Do you feel like your attorney did not give you the time necessary to answer all your questions? Was your attorney rushing through your consultation? Did your attorney leave you with more questions than answers, resulting in you having to search for additional information elsewhere? Unfortunately, many attorneys rush through consultations and entire cases because they are only interested in increasing their numbers—they sacrifice the quality of legal service they provide to increase the number of cases they see per day. When attorneys rush through cases, they risk overlooking and neglecting important pieces of information that can affect the outcome of the case. You must not risk the result of your racial discrimination lawsuit because of the incompetence of your current attorney. Do not hesitate—contact California Employment Attorneys Group as soon as possible for a free second opinion from our skilled workplace racial discrimination lawyers.
Our law firm practices in the following areas: Los Angeles, Fresno, Bakersfield, Modesto, Stockton, Tulare County, Visalia, Riverside, Corona, San Bernardino, Pomona, Fontana, Orange County, Santa Ana, Anaheim, Irvine, and San Diego. If you were racially discriminated in your workplace in any of the cities mentioned above, contact California Employment Attorneys Group. You can contact our law firm without any worries. Our Zero-Fee guarantee ensures that you will never have to worry about paying any upfront fees for our legal services. Additionally, our law firm is strictly based on contingency, so you will not have to pay anything until our skilled attorneys win your racial discrimination lawsuit against your employer. You must contact California Employment Attorneys Group as soon as possible to schedule a free consultation or free second opinion as soon as possible—let us help you exercise your rights in the workplace.