How long do I have to file
a lawsuit or claim?
A case of employment discrimination , harassment, retaliation, denial of medical leave, denial of accommodations, pregnancy leave, or wrongful termination generally has a one year statute of limitations. This may be extended in certain limited situations and can be shorter in certain situations. The complex part of this analysis is determining when the wrongful act occurred which is specific to each case or claim. Failure to take the required action on or before the statute of limitations can result in the employee being barred or prevented from obtaining any and all relief or monetary recovery.
Generally, the law requires that before bringing a suit for a violation of the laws protecting employees from discrimination and harassment, the employee must file a claim with the California Department of Fair Employment and Housing (DFEH) or Equal Employment Opportunity Commission (EEOC). Both the DFEH, the EEOC may handle a discrimination, harassment and retaliation claim and the DLSE/DIR’s Sacramento office which enforces retaliation laws, may act simultaneously, so long as the matters are timely filed with each agency within the appropriate statutes of limitations.
What are some good sources to research related information?
Contact Brictson & Cohn
Brictson & Cohn
2214 Fifth Avenue
San Diego, CA 92101
Ph: 619.296.9387
Fax: 619.232.0583
Employment Cases: FAQ
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Brictson & Cohn handles cases for persons who have suffered from harassment or discrimination in employment because of their:
- Age (40 and over)
- Ancestry
- Color
- Creed
- Denial of Family and Medical Care Leave
- Disability (mental and physical) including
HIV and AIDS
- Marital Status
- Medical Condition cancer and genetic
characteristics)
- National Origin
- Race
- Religion
- Sex
- Sexual Orientation
We also handles cases where an employer or insurance company should be held accountable for:
- COBRA, ERISA, Pension and Employee Insurance Violations
- Invasion of Privacy
- Violation of the California Confidentiality Medical
Information Act
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Copyright 2011 Brictson & Cohn, Attorneys at Law.
