How Long Do I Have to Sue in California?
By Aidin Ghavimi, Managing Attorney · Updated October 29, 2026
It depends on the claim. A Civil Rights Department complaint is generally due within three years, a wage claim within three years, and a public-policy wrongful termination within two years. Some filings, including a Labor Commissioner appeal, are measured in days.
8 min read
Short answer: A Civil Rights Department complaint for discrimination, harassment, or retaliation is generally due in three years. A Labor Commissioner wage claim is generally three years. Wrongful termination in violation of public policy is generally two years. A PAGA notice is generally due in one year. A Labor Commissioner appeal is 10 days. Deadlines can be shorter or longer than these ordinary periods, so talk to a lawyer quickly.
This is an estimate, not legal advice. Using this page does not create an attorney-client relationship. The result ignores facts that can raise or wipe out the number, including a good-faith dispute, an exemption, tolling, and a shorter contract or government deadline. Talk with a lawyer before you rely on it.
Check one deadline
Pick the claim that matches what happened, then enter the date that starts that clock. The date below is the ordinary last day. It does not move for weekends, court holidays, tolling, or a continuing violation. If you were fired, you may have several claims, and the shortest one controls the next step.
How to read the result
- Match the claim, not the story. “Wrongful termination” is not one deadline. A discriminatory firing, a public-policy firing, a whistleblower firing, and a broken contract are different filings with different clocks.
- Use the date the law uses. For a Civil Rights Department complaint, that is usually the last harmful act. For a lawsuit after a right-to-sue notice, it is the date on the notice. For an unemployment appeal, it is service of the Employment Development Department notice. The form label changes with the claim.
- The checker adds the ordinary period and stops. Three years from January 15 is January 15 three years later. Six months is the same day of the month, six months later. Ten days after March 1 is March 11, because the first day is excluded and the last day is included. If that last day is a weekend or court holiday, Code of Civil Procedure §§ 12 and 12a usually move it to the next day the court is open. This page does not apply that move.
- Act before the date, not on it. Intake forms, certified mail, and court filing can fail on the last afternoon. If the date this page shows is close or already past, call a lawyer the same day.
Ordinary deadlines
These are the periods used by the checker. “Ordinary” means the period in the statute when nothing extends or shortens it. The Civil Rights Department, formerly the Department of Fair Employment and Housing, explains the three-year employment complaint on its employment page. Wage claims are explained by the Labor Commissioner.
| Claim | Where it is filed | Ordinary deadline | Statute or source |
|---|---|---|---|
| Discrimination, harassment, or retaliation complaint with the Civil Rights Department | California Civil Rights Department | 3 years | Government Code § 12960(b), (e)(5). Government Code § 12960 Civil Rights Department employment page |
| Fair Employment and Housing Act lawsuit after a right-to-sue notice | Superior court, after a Civil Rights Department right-to-sue notice | 1 year from the right-to-sue notice | Government Code § 12965(c)(1)(D). Government Code § 12965 Civil Rights Department right-to-sue instructions |
| Federal discrimination charge with the EEOC (Title VII, ADA, or ADEA) | U.S. Equal Employment Opportunity Commission | 300 days | 42 U.S.C. § 2000e-5(e)(1). EEOC, Title VII |
| Federal Title VII or ADA lawsuit after an EEOC right-to-sue notice | Federal court | 90 days from the EEOC notice | 42 U.S.C. § 2000e-5(f)(1). EEOC, Title VII |
| Unpaid wages, overtime, or missed-break premiums | Labor Commissioner (Division of Labor Standards Enforcement) or superior court | 3 years | Code of Civil Procedure § 338(a). Code of Civil Procedure § 338 Labor Commissioner, how to file a wage claim |
| Waiting-time penalty for a late final paycheck | Labor Commissioner or superior court | 3 years, the same period as the underlying wages | Labor Code § 203(b). Labor Code § 203 Labor Commissioner waiting-time penalty FAQ |
| Pay-stub penalty | Superior court, or sometimes with the Labor Commissioner | 1 year | Labor Code § 226; Code of Civil Procedure § 340(a). Labor Code § 226 |
| Wrongful termination in violation of public policy | Superior court | 2 years | Code of Civil Procedure § 335.1. Code of Civil Procedure § 335.1 |
| Breach of a written employment contract | Superior court | 4 years | Code of Civil Procedure § 337. Code of Civil Procedure § 337 |
| Breach of an oral or implied employment contract | Superior court | 2 years | Code of Civil Procedure § 339. Code of Civil Procedure § 339 |
| Whistleblower lawsuit under Labor Code § 1102.5 | Superior court | 3 years | Code of Civil Procedure § 338(a); Labor Code § 1102.5. Labor Code § 1102.5 |
| Retaliation complaint with the Labor Commissioner | Labor Commissioner | 1 year | Labor Code § 98.7(a)(1). Labor Code § 98.7 |
| PAGA notice to the state and the employer | Labor and Workforce Development Agency, with a copy to the employer | 1 year to give notice | Labor Code § 2699.3; Code of Civil Procedure § 340(a). Labor Code § 2699.3 LWDA PAGA frequently asked questions |
| Unequal pay based on sex, race, or ethnicity | Superior court, the Labor Commissioner, or the Civil Rights Department | 3 years to file; relief can reach back 6 years | Labor Code § 1197.5(i). Labor Code § 1197.5 |
| Retaliation for an equal-pay complaint or wage discussion | Superior court | 1 year | Labor Code § 1197.5(k)(3). Labor Code § 1197.5(k) |
| Appeal from a Labor Commissioner hearing decision | Superior court | 10 days after service, plus 5 if mailed in California | Labor Code § 98.2(a). Labor Code § 98.2 |
| Claim against a public employer for injury or wrongful termination | The public entity, before any lawsuit | 6 months | Government Code § 911.2(a). Government Code § 911.2 |
| Appeal of an unemployment benefit determination | Employment Development Department, to an administrative law judge | 30 days from service of the notice | Unemployment Insurance Code § 1328(a). Unemployment Insurance Code § 1328 |
| Federal complaint for health-and-safety retaliation | U.S. Department of Labor, Occupational Safety and Health Administration | 30 days | 29 U.S.C. § 660(c). OSHA, section 11(c), 29 U.S.C. § 660(c) Labor Code § 98.7 |
Why you should not wait for the last day
- Shorter clocks are easy to miss. Public employers often require a government claim within six months under Government Code § 911.2. A federal Title VII or ADA lawsuit is generally 90 days after the EEOC notice. A Labor Commissioner appeal is 10 days after service, plus five if it was mailed inside California.
- Longer clocks are not a promise. Government Code § 12960 can extend a Civil Rights Department filing for late discovery, an unknown employer, or a person under 18. Labor Code § 98.7 tolls a court case while a Labor Commissioner retaliation complaint is open. A continuing violation may run from the last act. Equitable tolling is fact-specific. None of those extensions is automatic.
- Equal pay changed on January 1, 2026. Labor Code § 1197.5, as amended by Senate Bill 642, now gives three years to file, and the recovery can reach back up to six years. Older articles still say two years, or three if the violation was willful.
- PAGA is a notice, then a wait. Labor Code § 2699.3 requires online notice to the Labor and Workforce Development Agency and certified mail to the employer before a lawsuit. The one-year period is the penalty statute courts apply. The notice periods themselves are tolled. Cure and early-evaluation rules changed on October 1, 2024.
More detail is in our guides to the wrongful termination statute of limitations and the wage and hour statute of limitations. Wage claims are also covered on the wage and hour page, and firing claims on the wrongful termination page.
Questions workers ask
How long do I have to file a discrimination complaint in California?
Generally three years to file an intake form with the Civil Rights Department, formerly the Department of Fair Employment and Housing. After that department issues a right-to-sue notice, a lawsuit is generally due within one year of the notice. Government Code §§ 12960 and 12965.
How long do I have to claim unpaid wages?
Generally three years for unpaid wages, overtime, and missed-break premiums, under Code of Civil Procedure § 338. A court case that also uses the Unfair Competition Law can sometimes reach a fourth year. Each pay period has its own clock.
How long do I have to sue for wrongful termination?
It depends on the reason. A firing that violates public policy is generally two years under Code of Civil Procedure § 335.1. A discriminatory firing uses the Civil Rights Department deadlines instead. A written-contract claim can be four years.
What is the PAGA notice deadline?
Notice to the Labor and Workforce Development Agency and the employer is generally due within one year of the violation. The agency’s review period, usually 65 days, is not counted against that year. Labor Code § 2699.3(e).
Can my deadline be shorter than the chart?
Yes. A city, county, school, or state employer can require a government claim within six months. Federal charges are often due in 300 days, and a federal lawsuit in 90 days. An arbitration agreement, or an earlier last act, can also shorten the time.
Can my deadline be longer?
Sometimes. Tolling during a Civil Rights Department or Labor Commissioner case, a continuing violation, minority, delayed discovery, and a good-cause extension can add time. Do not count on an extension without a lawyer. Missing the ordinary date is what ends most late claims.
Sources
- Government Code § 12960
- Government Code § 12965
- Civil Rights Department, employment
- Civil Rights Department, complaint process
- Labor Code § 203
- Labor Code § 2699.3
- Labor Code § 98.7
- OSHA section 11(c), 29 U.S.C. § 660(c)
- Labor Code § 1197.5
- Labor Commissioner, how to file a wage claim
- LWDA PAGA frequently asked questions
Talk with a California employment lawyer
Starpoint Law represents employees in employment cases from offices in Century City and Sherman Oaks. The consultation is free. You can also use the form on this page.
Or call 310-424-9971.
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