California Employment Law
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A wrongful termination claim based on a breach of contract would give you four years to bring your claim.
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Unless the contract being alleged was oral in which you would only have two years.
However, if you are claiming that the union collective bargaining agreement controlled then you would have four years.
This is separate from the types of claims the DFEH handles.
Please give me a moment to find the statutes for both situations
what if the claim is that they breached the union contract to engage in sex discrimination. They just do this to female employees. Does that change the statute of limitations? I read on a blog that for discrimination complaints there is a one year statute to file with DFEH and then there is a one year period from the date of the issuance of the right to sue letter to file the complaint in court. Is that correct and how does that relate to the contract statutes of limitations?
Yes this would change the statute of limitations. They are very different claims. The first can be filed directly with court. The second must be first filed with the DFEH or the EEOC
Government Code section 12965, subdivision (b) sets up that requirement
CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 337 sets out the four year statute. It can be found here:
Ok, so what is the statute of limitations on the discrimination complaint? Does it start from the date of the discriminatory firing or from the date of the issuance of the right to sue letter?
It starts from the date of the issuance of the right to sue letter
And how long is it? I year or 4 years?
It is 1 year. Please give me a few more minutes to find the code for you
It is California Government code section 12965.
Ok, I think that is all I needed to ask. Thank you. What happens now? How do we end this communication?
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