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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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What is the california statute of limitations on a claim for

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What is the california statute of limitations on a claim for wrongful termination when the claim is based upon allegation that discipline was not in accordance with union contract requirements? Person was fired first time she was late to work. Was only 45 minutes late. She has filed a complaint with the California Dept of Fair Employment & housing. She has been issued a right to sue letter. How long does she have to file suit or have claim expire? Please cite the statute that supports your response.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

Welcome to the chat

Brandon, Esq. :

A wrongful termination claim based on a breach of contract would give you four years to bring your claim.

Customer:

Hi, yes I am here.

Brandon, Esq. :

Unless the contract being alleged was oral in which you would only have two years.

Brandon, Esq. :

However, if you are claiming that the union collective bargaining agreement controlled then you would have four years.

Brandon, Esq. :

This is separate from the types of claims the DFEH handles.

Brandon, Esq. :

Please give me a moment to find the statutes for both situations

Customer:

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?

Brandon, Esq. :

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

Brandon, Esq. :

Government Code section 12965, subdivision (b) sets up that requirement

Brandon, Esq. :

CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 337 sets out the four year statute. It can be found here:

Brandon, Esq. :

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

Customer:

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?

Brandon, Esq. :

It starts from the date of the issuance of the right to sue letter

Customer:

And how long is it? I year or 4 years?

Brandon, Esq. :

It is 1 year. Please give me a few more minutes to find the code for you

Brandon, Esq. :

It is California Government code section 12965.

Customer:

Ok, I think that is all I needed to ask. Thank you. What happens now? How do we end this communication?

Brandon, Esq. :

If I have fully answered your question today you would provide a positive rating. After you provide a positive rating this question will become part of your account and you can print it, copy it, or do anything else you would like with it.

Brandon, Esq. and other California Employment Law Specialists are ready to help you