If you believe that your employment rights have been violated, it’s important not to wait to file a lawsuit. There are several reasons for this including statutes of limitations, making sure your employer cannot destroy evidence, maintaining peace of mind, and more. Ruggles Law Firm is here to help you through the process with this helpful guide on what you need to know about your workplace discrimination lawsuit timeline.
Statutes of Limitations
First, there are deadlines, known as statutes of limitations, that limit the amount of time you have to file a claim after the date you were terminated. If you wait too long, you may lose the ability to pursue legal action altogether. The statute of limitations for a claim for Wrongful Termination due to discrimination in Violation of Public Policy, as discussed above, is two (2) years in California. See California Code of Civil Procedure section 335.1.
A claim for breach of contract has a two (2) year limitation period if the contract is oral; a claim for breach of contract based upon a written contract has a four (4) year statute of limitations. A claim for discrimination, harassment or retaliation under the California Fair Employment and Housing Act has a two-part statute of limitations: a terminated employee must first obtain a “Right to Sue” letter from the California Civil Rights Department (formerly the DFEH) within three (3) years of the adverse employment action (i.e. termination, demotion, harassing conduct, etc.); the employee has one (1) year to file a civil lawsuit in court from the date of the Right to Sue letter.
Acting Fast Helps Your Workplace Discrimination Case
Waiting can give the employer time to destroy, discard or delete important evidence such as emails, text messages and other written or electronic documents, making it more difficult to prove your case. By acting quickly, you will give your employer less time to erase valuable proof of evidence that can help you win your case.
Witnesses and Important Details
When it comes to workplace discrimination, it is important to act fast to make sure you and witnesses to your treatment can recall as much important details as possible. Additionally, the longer you wait, the harder it may be to remember important details and find witnesses who can support your claim.
Emotional Toll On Your Own Life
Lastly, the emotional toll of workplace discrimination or harassment can take a significant toll on your well-being. Taking action sooner rather than later can help you start to move on and regain control of your life. Additionally, finding legal help to navigate this difficult process will give you more peace of mind that you do not have to face this on your own.
Get A Free Consultation
In short, if you believe your employment rights have been violated, it’s important to consult with an experienced employment attorney as soon as possible to discuss your options and protect your rights. Contact Ruggles Law Firm and get the process started with your free consultation