What Is the Statute of Limitations to File a Workplace Discrimination Lawsuit?
Have you ever experienced discrimination in your place of work? If so, you might be interested in pursuing legal action against your employer. Unfortunately, many victims of workplace discrimination have the intention of filing lawsuits, but they sit on their claims too long and eventually lose their right to sue. Because of this, it is important to contact an attorney as soon as possible to discuss the statute of limitations for discrimination lawsuits in California. The deadline to sue in California for discrimination claims varies from case to case; therefore, you must contact an attorney at California Employment Attorneys Group as soon as possible.
The following sections contain general information about workplace discrimination and the timeline to sue for discrimination. A skilled attorney will give you the necessary information on the time limit in California to file a lawsuit against your employer for discrimination. Although you should find the information provided useful, you should not use the information in place of a consultation with an attorney. No matter where you are experiencing workplace discrimination—in Los Angeles, Fresno, Bakersfield, Modesto, Stockton, Tulare County, Visalia, Riverside, Corona, San Bernardino, Pomona, Fontana, Orange County, Santa Ana, Anaheim, Irvine, or San Diego—the attorneys at California Employment Attorneys Group can help you.
Statute of Limitations and Its Exceptions
What is a statute of limitations? When people think of filing lawsuits, they might only think about filing the lawsuit and receiving compensation. However, before being able to file a lawsuit, people considering filing lawsuits must be well-informed about the statute of limitations that applies to their claim. A statute of limitations is a deadline to sue—it establishes how long an individual has to file a claim. If the claim is not filed within the statute of limitations, claimants will likely lose their right to sue. Although a statute of limitations is a strict timeline, there are many exceptions that might apply depending on a few factors. Below, you will find a descriptive list of a few exceptions that might apply to the statute of limitations of your case:
- If the defendant is out of state for any period within the statute of limitations, the statute will be extended by the total amount of time that the defendant was out of state.
- If the plaintiff was mentally incompetent or mentally disabled at the time of the incident because the claim, the statute of limitations will be tolled until the plaintiff regains mental competency.
- If the plaintiff is imprisoned, the statute of limitations will be paused until the plaintiff is released from prison or up to two years, whichever comes first.
- If either the plaintiff or the defendant dies, the statute of limitations might be shortened or lengthened. If the plaintiff dies, the claim must be filed within six months of the plaintiff’s death or before the end of the case’s original statute of limitation, whichever comes last. In the case of the defendant’s death, the claim must be submitted within one year of the defendant’s death.
A few other factors might affect the statute of limitations that applies to a case. You must contact a skilled attorney at California Employment Attorneys Group as soon as possible to get more information on how much time you have to file your lawsuit against your boss, as long as any exceptions that might apply to your case.
Title VII of the Civil Rights Act of 1964
On the federal level, all employees are protected against workplace discrimination based on Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act of 1964 originally prohibited employers from discriminating against their employees based on sex, race, color, national origin, and religion. The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of enforcing these employment laws and overseeing complaints of discrimination in the workplace. If you are interested in filing a claim with the EEOC, you must submit the claim within 300 days of the last incident.
Fair Employment and Housing Act
On the state level, all employees are protected against workplace discrimination based on the Fair Employment and Housing Act (FEHA). FEHA is overseen and implemented by the California Department of Fair Employment and Housing (DFEH). FEHA prohibits discrimination based on race, color, religion, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, sexual orientation, age, and pregnancy. If you are interested in filing a complaint with the DFEH, you must submit your claim within one year of the last discriminatory incident.
Filing a Lawsuit Independently
What if you are not interested in filing complaints with EEOC or DFEH? Many people choose not to pursue legal action through these agencies and instead pursue independent lawsuits with workplace discrimination attorneys. Before you can file a lawsuit, you must first request the right to sue from the EEOC or the DFEH. Once you receive the right to sue letter, you will be able to file a lawsuit with the help of an attorney at the California Employment Attorneys Group. Many victims of workplace discrimination file lawsuits claiming negligence or the intentional infliction of emotional distress—the statute of limitations for these causes of action is two years. Depending on the cause of action that you pursue, the statute of limitations will vary.
If you need legal assistance anywhere in Los Angeles, Fresno, Bakersfield, Modesto, Stockton, Tulare County, Visalia, Riverside, Corona, San Bernardino, Pomona, Fontana, Orange County, Santa Ana, Anaheim, Irvine, or San Diego, you must contact California Employment Attorneys Group as soon as possible.
California Employment Attorneys Group
California Employment Attorneys Group is a law firm dedicated to helping employees fight against discrimination in the workplace. There are many laws that protect an employee from discrimination on the federal and state levels. If you are the victim of discrimination based on any federal- or state-protected status, you must take immediate legal action. Unfortunately, many victims of workplace discrimination do not contact attorneys right away—so they lose their right to sue. How could victims of discrimination in the workplace lose the right to sue? If victims of workplace discrimination do not bring forth a workplace discrimination lawsuit within the California Statute of limitations for discrimination cases, they will likely lose their rights to file lawsuits against their employer. Because of this, it is essential for the victims of any form of discrimination in the workplace to immediately seek legal assistance. What are the most important questions that a victim of workplace discrimination should ask an attorney after seeking legal assistance? These questions include the following:
- What statute of limitations applies to my case?
- Are there any exceptions to the statute of limitation that applies to my case?
You must contact California Employment Attorneys Group as soon as possible to get more information about the statute of limitation that applies to your case before it is too late and you lose your right to sue.
California Employment Attorneys Group aims to make the legal process as easy as possible. Our law firm provides legal assistance 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. How else does California Employment Attorneys Group facilitate the legal process for victims of workplace discrimination? California Employment Attorneys Group provides all clients with free consultations and free second opinions so that all victims of workplace discrimination can access to legal assistance without having to worry about any legal fees. During your free consultation, you can expect our skilled employee discrimination attorneys to answer all your questions and address all your concerns. Our experienced attorneys will evaluate your situation and give you information about the statute of limitation and the exceptions that might apply to your case. We guarantee that you will have the information and confidence necessary to start the legal process. If you already have an attorney with another law firm, you might still be interested in receiving a free second opinion from the skilled workplace discrimination attorneys at California Employment Attorneys Group. You should answer the following questions:
- Did your current attorney rush through your case or consultation?
- Did your attorney leave you with more questions than answers?
Unfortunately, many attorneys rush through cases and consultations because they prioritize the number of cases that they see in a day. Because of this, many attorneys overlook and neglect important information that can affect the outcome of a case. When attorneys overlook information, clients are left with unanswered questions. You must immediately contact California Employment Attorneys Group to get a free second opinion from our lawyers. Our lawyers will ensure that every angle of your case has been covered so that you have all the information necessary to have a successful lawsuit.
California Employment Attorneys Group always puts clients first. Our Zero-Fee guarantee is proof of that. Our guarantee ensures that our clients never have to worry about paying any upfront fees for our legal services. Additionally, since our law firm is strictly based on contingency, clients will not have to pay anything until our lawyers win their employment discrimination case. You must not hesitate to contact California Employment Attorneys Group—our legal team will help you fight for your rights in the workplace.