How do filing deadlines work in California employment cases?
A filing deadline sets the outer limit for bringing a claim. Miss it, and a court will usually refuse to hear the case regardless of its merit. Different claims carry different limits, and some require an administrative step before a lawsuit, so a single firing can involve more than one clock.
Think of it as two layers. The first layer is the statute of limitations — the window in which a lawsuit must be filed. The second layer, which applies to many discrimination, harassment, and retaliation claims under the Fair Employment and Housing Act, is administrative exhaustion: before suing, you generally must file a complaint with the California Civil Rights Department and obtain a right-to-sue notice, and that process has its own deadline. Wage claims through the Labor Commissioner and public-policy wrongful discharge claims run on still other timelines. This layering is exactly why guessing is dangerous: the shortest applicable clock controls whether your claim survives, and only a review of your specific facts can pin it down.
Worried the clock is running? Speak with us 24/7 →Which agency or step applies to my claim?
The right first step depends on the kind of claim. Rather than a number, the table below points you to where each claim typically begins and where to confirm the deadline that governs it — the detail that actually protects your case.
Where each claim usually begins| Claim type | Typical first path | Where to confirm the deadline |
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| Discrimination or harassment | Administrative complaint under the Fair Employment and Housing Act. | California Civil Rights Department or an attorney |
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| Retaliation (FEHA) | Administrative complaint, then a right-to-sue notice. | California Civil Rights Department or an attorney |
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| Unpaid wages | Claim with the Labor Commissioner, or a civil suit. | California Labor Commissioner or an attorney |
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| Public-policy wrongful discharge | Civil lawsuit (no agency step required). | A California employment attorney |
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Not sure which path is yours? Just tell us what happened →How can I protect my deadline right now?
Treat the deadline as urgent even before you know the exact date. The two most useful things you can do today are to preserve the evidence and to get your facts in front of someone who can identify the clock that applies to you.
- 01Write down the key dates: when the harmful act happened and when you learned of it.
- 02Preserve documents and messages before access to accounts or devices is lost.
- 03Do not wait for a perfect case — a first conversation is free and costs you no deadline.
- 04Confirm the exact deadline with a California attorney or the relevant agency before relying on any date.
Deadlines in employment cases are real, strict, and vary by claim — talking to an attorney early protects your options.
Speak with us 24/7 →Questions California workers ask
Q.What happens if I miss the deadline?
A.Missing a statute of limitations usually means a court will not hear the claim, no matter how strong the facts are. That is why the deadline matters so much. Some claims also require an administrative filing first, and that step has its own clock, so acting early protects both.
Q.Why won't this page just tell me the number of days?
A.Because the honest answer is that it depends on the claim, and these deadlines have changed over the years. Stating a single number could mislead you into missing a shorter one. A California attorney or the relevant agency can confirm the exact date that governs your specific situation.
Q.Does the clock start on my last day of work?
A.Not always. Depending on the claim, the clock may start when the harmful act occurred, when you were notified, or when you reasonably discovered it. Because the starting point itself can be disputed, the safest course is to treat the deadline as urgent and confirm it promptly.
Speak with us 24/7 →Please noteThis page is general legal information about California law, not legal advice, and reading it or speaking with our intake assistant does not create an attorney-client relationship. Every situation is different; an attorney-client relationship begins only when an attorney agrees to represent you in writing. Deadlines in employment cases are real, strict, and vary by claim — confirm any deadline with a California attorney or the relevant agency before you rely on it.