How Long Do I Have to Sue My Employer in California?

Legal Guides · Updated October 2026

How long do you have to sue your employer in California? It depends on the claim. Most discrimination and retaliation claims allow three years to file with the state, wage claims generally allow three to four years, and some claims must be filed within one year. Here is how the main deadlines work.

On this page: Quick reference · Discrimination · Wages · Termination · PAGA · When it starts · What to do now · FAQ

The Short Answer

There is no single deadline. California employment claims have different filing deadlines, called statutes of limitations, depending on what happened and which law was broken. Some are as long as four years. Others are as short as one year, and a few steps must happen within months. If you miss the deadline, you can lose the claim entirely, no matter how strong it is.

The table below summarizes the most common deadlines for California employees. It is a starting point, not a substitute for advice about your specific situation.

Deadlines can depend on details such as when you learned of a violation, whether the employer is a public entity, and whether conduct continued over time.

Discrimination, Harassment and Retaliation Claims

Most workplace discrimination, harassment and retaliation claims in California are brought under FEHA. Before you can sue under FEHA, you must file an administrative complaint with the Civil Rights Department. Since 2020, employees have had three years from the last unlawful act to file that complaint.

After filing, you can ask CRD for an immediate right-to-sue notice, which most employees represented by a lawyer do. Once that notice is issued, you generally have one year to file a lawsuit in court. Claims for retaliation after taking protected medical or family leave under the California Family Rights Act follow the same process, because CFRA is part of FEHA.

If you also want to pursue federal claims, such as under Title VII or the Americans with Disabilities Act, the deadline is much shorter: in California, a charge generally must be filed with the EEOC within 300 days. CRD and the EEOC share complaints, so one filing can often protect both, but this should be planned deliberately.

Unpaid Wages, Overtime and Final Pay

Claims for unpaid wages and overtime, missed meal and rest breaks, and similar Labor Code violations generally must be filed within three years. When those claims are combined with a claim under California’s Unfair Competition Law, employees can often recover unpaid wages going back four years.

If your employer did not pay all wages owed when you were fired or quit, you may be entitled to waiting time penalties of up to 30 days of wages. Those penalties also carry a three-year deadline. Wage claims can be filed with the Labor Commissioner or in court, and the right choice depends on the amount at stake and whether other claims are involved.

Wrongful Termination and Whistleblower Claims

California is an at-will state, but an employer cannot fire you for an illegal reason. A claim for wrongful termination in violation of public policy, for example being fired for refusing to break the law or for reporting safety violations, generally must be filed within two years of the termination.

Whistleblower retaliation claims under Labor Code section 1102.5 are generally subject to a three-year deadline in court. Employees can also file a retaliation complaint with the Labor Commissioner, but that complaint must be filed within one year.

PAGA Claims

The Private Attorneys General Act lets employees recover civil penalties for Labor Code violations on behalf of themselves and co-workers. A PAGA claim has a one-year deadline, and the employee must personally have suffered a violation within that period. Before filing suit, the employee must give written notice to the Labor and Workforce Development Agency and the employer, then wait 65 days. See our guide, What Is a PAGA Claim?

When Does the Clock Start?

The deadline usually starts on the date of the unlawful act, such as the day you were fired, demoted or denied a promotion. For wage claims, each underpaid paycheck can start its own clock. For ongoing harassment, the continuing violation doctrine can sometimes allow earlier conduct to be included if it was part of the same pattern and the most recent act falls within the deadline.

In limited circumstances, a deadline can be paused, which lawyers call tolling. These rules are technical, and you should never rely on tolling without advice from a lawyer.

Claims Against Government Employers

If you work for a city, county, school district, state agency or other public entity, extra rules may apply. Many claims against public employers require a formal government claim within six months before a lawsuit can be filed. FEHA claims follow the Civil Rights Department process instead, but other claims, such as some wage, contract or tort claims, may be subject to the six-month rule.

What to Do Now

• Write down a timeline of key events while your memory is fresh, including dates, names and what was said.
• Keep copies of your own records, such as pay stubs, schedules, performance reviews and messages you sent or received. Do not take confidential company documents.
• Request your personnel file and payroll records. California employees have the right to inspect their personnel file and to receive copies of their payroll records.
• Be careful before signing a severance agreement. Most include a release of claims. See our page on severance agreement review.
• Talk to an employment lawyer early. Even when the deadline is years away, evidence and witnesses are easier to secure soon after the events.

Frequently Asked Questions

Does complaining to HR stop the deadline?

No. An internal complaint to HR or a manager does not pause the statute of limitations. The deadline keeps running until you file with the correct agency or court.

Do I have to file with the Civil Rights Department before I sue?

For claims under FEHA, yes. You must file a complaint with the Civil Rights Department and obtain a right-to-sue notice before filing a lawsuit. You can request an immediate right-to-sue notice if you plan to go directly to court.

Does the deadline start when I was fired or when I learned the reason?

Usually it starts on the date of the unlawful act, such as the termination date, even if you only later suspect the real reason. Some exceptions exist, so get advice as soon as possible.

I already signed a severance agreement. Is it too late?

Possibly not. Some rights, such as the right to wages already earned, generally cannot be waived, and agreements can be challenged in some circumstances. A lawyer can review what you signed.

What happens if I miss the deadline?

In most cases the claim is barred, meaning a court will dismiss it no matter how strong the evidence is. That is why it is important to act early.

This guide provides general information about California law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation depends on its facts, so speak with a lawyer about yours.