Statute of Limitations California: Employment Claim Deadlines

Statute of Limitations in California: Why Your Claim Type Controls the Deadline

Your deadline depends on the legal theory behind your situation. A discrimination claim under the Fair Employment and Housing Act (FEHA) runs on a different clock than a wage claim under the Labor Code. A wrongful termination claim based on public policy follows different rules than a federal discrimination charge through the EEOC. Some legal actions require an agency complaint before you can file a lawsuit, while other claim types go straight to court without that extra step.

Two employees treated identically can face different deadlines depending on which laws apply to their facts. As a plaintiff in an employment case, identifying your claim type early is the most important step you can take right now.

Filing Deadlines for Every Major California Employment Claim

The table below covers the main deadlines Frontier Law Center maps for employees every week. Treat it as a starting point for your research. Your actual deadline depends on your facts and which legal theories apply to your situation.

When your situation fits one row clearly, you have a working answer. When it spans more than one row, the earliest deadline controls. Frontier Law Center maps that out on the first call so nothing falls through a gap.

Wage and Hour Claim Deadlines

Most unpaid-wage and overtime claims carry a three-year deadline under Code of Civil Procedure section 338(a). Adding an Unfair Competition Law complaint under Business and Professions Code 17200 pushes that window to four years, capturing an extra year of back pay. Frontier Law Center adds the UCL claim in most wage cases for exactly that reason.

Here are the key wage deadlines to keep in mind:

• ​3 years — Missed meal and rest breaks under Labor Code 226.7 (4 years with a UCL claim)
• 3 years — Waiting time penalties under Labor Code 203 from the date your final paycheck was due
• 1 year — PAGA claims under Labor Code 2698 with a 65-day LWDA notice period that tolls the clock

The PAGA window closes at one year and often pairs with wage claims that run three to four years. Losing that window changes settlement leverage in ways that are hard to recover. Our post on PAGA claims breaks down why that window matters.

Whistleblower and Workers’ Comp Retaliation Deadlines

If your employer punished you for reporting something illegal, Labor Code 1102.5 most likely protects you. A civil 1102.5 claim carries a three-year deadline in court. An administrative complaint with the Labor Commissioner must go in within one year.

Workers’ comp retaliation under Labor Code 132a carries the shortest deadline in this guide. You get one year from the retaliatory act to file a petition with the Workers’ Compensation Appeals Board. Our post on getting fired while on workers’ comp covers both the 132a path and any longer separate civil claim that may also apply.

Wrongful Termination and Contract Claim Deadlines

If your termination connected to a protected characteristic, the FEHA deadlines above control your case. If your employer fired you for refusing to break the law, reporting fraud, or taking protected leave, you have a Tameny claim. The statute of limitations in California for a Tameny wrongful termination claim is two years under CCP 335.1, and the case goes straight to Superior Court without a CRD filing step.

Where the firing involves reporting suspected illegal activity, you may also have a parallel whistleblower claim under Labor Code § 1102.5, which carries a three-year statute of limitations under CCP 338(a) and allows recovery of attorney’s fees and civil penalties. Plaintiffs often plead Tameny and 1102.5 together to take advantage of the longer window and fee-shifting provisions.

Contract claims follow a different timeline: four years for a written employment contract under CCP 337, and two years for an implied or oral contract under CCP 339.  Our companion post on the wrongful termination statute of limitations in California covers each theory with real-scenario examples.

When the Statute of Limitations in California Can Pause: Tolling Exceptions

California courts recognize specific exceptions, called tolling provisions, that can extend a filing deadline under certain circumstances:

• Equitable tolling: Applies when an employer actively hid the wrongful conduct, or when you were a minor or otherwise incapacitated during the relevant period
• Delayed discovery rule: Applies when the harm was not reasonably discoverable until a later discovery date, even if the underlying incident happened years earlier
• Continuing violation doctrine: When harassment or discrimination formed a clear ongoing pattern, conduct inside the window can pull older conduct into the case

All three of these exceptions are narrow in practice. Courts apply them carefully and do not extend them lightly. Personal uncertainty alone does not stop the clock, and getting a legal review of the facts is the only reliable way to know if an exception applies to your situation.