Although wrongful termination is illegal, some employers still unfairly fire their employees. In California, you have a period of time for filing a complaint.
What situations allow you to file a complaint for wrongful termination?
Wrongful termination occurs when an employer fires an employee for illegal reasons. An employee might be wrongfully terminated for making a report against the employer for an illegal act, such as discrimination or harassment. Some employers choose to retaliate against an employee and end up firing them. Whistleblower claims also occasionally result in wrongful termination.
If an employee realizes that their employer has held back wages they are rightfully due, they can also file a complaint. If the employer terminates them in retaliation, the employee has a valid reason to file a claim.
What is the statute of limitations for wrongful termination claims?
There is a set statute of limitations for filing a wrongful termination claim against an employer. This is the amount of time an employee has to file a complaint after they have been illegally terminated from their job. Per the state laws, you have up to three years to file a wrongful termination claim in California.
Employees who were wrongfully terminated after making a whistleblower claim have up to four years to file their claim under the Sarbanes-Oxley Act. However, this law only protects individuals who specifically reported suspected incidents of securities fraud. Whistleblowers terminated for reporting violations in childcare have only 90 days to file their complaints.
If a person fails to file their wrongful termination claim within the statute of limitations that applies to their situation, their claim will not be heard. As a result, it will mean that the person will not be able to recover the damages they were due, and the employer will not be penalized for the wrongful termination. This means it’s important to file within a timely manner.
The laws exist to protect workers against wrongful termination. If you have been illegally fired, you have the law on your side to fight back.