DFEH Right to Sue Statute of Limitations

AB 9 is an essential provision for folding claims under several of California’s leave protection and discrimination laws. While attorneys now have three years to file rather than one, they must still be aware of administrative filing requirements and statutes of limitation.

What is a Statute of Limitations?

When attorneys file a lawsuit, there exists a deadline for filing. That deadline is known as a statute of limitations.

When the lawsuit is not filed before the deadline, the attorney and plaintiff can no longer pursue a lawful claim in court.

Statute of Limitation Timing

The timing of statutes of limitation varies based on the state where the employee files the lawsuit. In addition, the type of claim also impacts the timing of the statutes of limitation.

Generally, the statute of limitations lasts for five years under federal law unless a specific code in the statutes lengthens the time for that particular offense.

What is AB 9 in California?

Statutes of limitations exist to help the involved parties come to a settlement. Under AB 9, California lengthened the statute of limitations for filing claims based on several discrimination and employment laws, including employment discrimination, retaliation, or harassment. Under AB 9, employees have three years to file a lawsuit against their employers instead of just one.

AB 9 signaled an important change in statute of limitation policy, making it harder for employers to defend themselves under the California Fair Employment and Housing Act (FEHA). However, AB 9 still requires employees to use administrative claims first before filing a lawsuit.

How Do Employees File an Employment Discrimination Claim in California?

In California, the majority of discrimination claims in the workplace are filed under FEHA. The FEHA protects employees in California from discriminatory behavior.

What Are California’s Protected Classes?

Protected classes in California are as follows:

Gender
Skin Color
Age
Religion
Mental Disability
Race
Sex
Sexual Orientation
Physical Disability
Gender Identity
Genetic Information
Marital Status
National Origin
Military and Veteran Status
Existing Medical Conditions
Ancestry

The FEHA also requires that employers allow sensible accommodations for disabilities and religious beliefs. Under the Act, employees are also safe from employer retaliation and provided leave protections. The laws that are affected by AB 9 are:

California Family Rights Act
Pregnancy Disability Leave Law
New Parent Leave Act

Employees must complain to the Fair Employment and Housing Department (DFEH) before filing a lawsuit. The DFEH is responsible for securing the protections and provisions provided by the leave and discrimination laws.

Under AB 9, the time limit for employees to file a complaint with DFEH went from one year to three.

How do Employees Get a Right to Sue Letter from DFEH?

When an employee logs a complaint about their employer with DFEH, they can also ask that the agency looks into the claims of wrongdoing.

Employees can also ask for a “right to sue” letter. This letter, issued by DFEH, gives the employee the right to bring a lawsuit against the employer in civil court immediately. In this case, the employee does not have to wait for the outcome of the investigation by DFEH.

After the employee files the complaint, the DFEH has one year or less to complete the investigation and make a ruling. If the DFEH finds the employee’s allegations legitimate, the department will pursue the action on the employee’s behalf. The DFEH also can issue the right to sue letter at any point within a year.

Employees must remember that if the DFEH provides them a right to sue letter, they have one year from the letter’s date to sue their employer in civil court.

Additional Statutes of Limitation

In cases dealing with employment law, additional statutes of limitations apply. For example, the time window to sue an employer for breach of an oral or implied contract is two years. For standard breach of contract, the deadline is four years.

Lawsuits of wrongful termination have a two-year time window. Other deadlines for lawsuits and claims vary based on the manner of the alleged violation. An experienced attorney can help answer questions about the deadlines that accompany specific types of violations.

Should Employees Wait to Pursue a Claim, or Pursue it Right Away?

Some employees think they have two years or more to file a lawsuit, so they put it off. However, employees who believe they have a right to employment law or discrimination claim should not waste time.

Why Employees Should Purse Claims Right Away

Based on the circumstances, exceptions to the statute of limitations could exist.
Some workers must use all available administrative claims before suing the employer.
Lawsuits require time and energy, and evidence can become lost. Eyewitnesses, too, can forget things, move away, or decide not to become involved.

Employees Should Know Their Rights Under the Law

When employees know their legal rights, it is easier to file a successful lawsuit. In addition, an experienced attorney can help employees who suffer discrimination.

When employers violate employment law, they must be held responsible. While government agencies and the employee’s human services department may be helpful, these sources may not be up to date on employment claims and resulting lawsuits.

A skilled lawyer can help employees weigh their options, understand their rights, and pursue justified legal action. For employees who have the right to sue, knowledge is essential.

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What Are the Rules for 10-Minute Breaks?

California law mandates two paid 10-minute breaks and a 30-minute unpaid meal break for an eight-hour shift. Employers who fail to provide required breaks may face penalties, and employees can seek legal action for compensation.

Can I Work Six Hours Without a Lunch Break?

California law requires a 30-minute meal break for shifts over five hours, but employees can waive it if working exactly six hours. Employers must comply with strict labor laws, ensuring uninterrupted meal breaks and legal protections for workers.

What Can I Do If My Employer Didn’t Pay Me on Payday?

Employers in California must pay workers on time, or they may face penalties of up to 30 days' wages for delays. Employees can file wage claims, seek legal assistance, or report violations to the California Labor Commissioner's Office for unpaid wages.

What Qualifies as a Hostile Work Environment in California?

Employees in California facing severe or persistent harassment based on protected traits may have legal options under state and federal laws. Filing a complaint with the California Civil Rights Department or consulting an employment attorney can help protect workplace rights and seek compensation.

When Is a Doctor’s Note for Work Required in California?

California employers generally cannot demand a doctor's note for sick leave, but exceptions exist under specific laws and circumstances. Legal conflicts persist, and employers may require medical documentation for disability accommodations, FMLA leave, or other valid reasons.

What Does California Law Say About Final Paycheck Rules?

California law mandates that final paychecks be provided promptly, with termination pay due immediately and resignation pay within 72 hours. Employers must include all owed wages, expenses, and accrued benefits, with penalties for late or incomplete payments.

Can an Employer Deny a Doctor’s Note?

An employer may deny a doctor's note if the absence does not qualify for legal protections under disability or family leave laws. Employers must evaluate medical documentation, employee statements, and applicable laws before considering disciplinary action.

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The California WARN Act requires businesses with 75 or more employees to provide 60 days' notice before mass layoffs, plant closures, or relocations. Noncompliance can lead to fines, back pay, and healthcare costs, making adherence essential for legal and financial stability.

What Is FICA and How Does It Impact Payroll Taxes?

FICA is a payroll tax that funds Social Security and Medicare, requiring contributions from both employers and employees. Employers must withhold, match, and submit FICA taxes while following IRS guidelines on deposit schedules, wage bases, and additional Medicare tax requirements.

What Is At-Will Employment and How Does It Impact Employee Rights?

At-will employment allows employers and employees to end their working relationship at any time without cause, impacting job security and flexibility. While it provides businesses with staffing flexibility, employees face fewer legal protections and potential job instability.

Employers Should Exercise Caution When Terminating Employees After Disability Leave

Employers should exercise great caution when considering whether to terminate an employee who is on leave. Employers are cautioned not to automatically terminate employment solely because an employee has used or exhausted their disability leave entitlement.

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What Is the Difference Between a 1099 Contractor and an Employee?

A 1099 contractor operates independently, covering their own taxes and expenses, while a W-2 employee receives benefits and employer tax contributions. Misclassifying workers can result in fines, making it essential to assess control, financial arrangement, and job nature before classification.

How Do Contractors Typically Get Paid? Payment Methods and Legal Guidelines

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What Is the Definition of a Non-Exempt Employee?

Non-exempt employees are entitled to overtime pay and must earn at least the federal minimum wage under FLSA regulations. Unlike exempt workers, they are typically paid hourly and receive 1.5 times their wage for extra hours.

Can Union Representatives Be Present at Disciplinary Meetings?

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What Is an FTE (Full-Time Equivalent)?

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What Are the Signs of Unfair Treatment at Work?

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What Is a Statutory Employee on a W-2 Form?

A statutory employee is a self-employed worker classified as an employee for tax withholding purposes, receiving a W-2 instead of a 1099-MISC. These workers can deduct business expenses on Schedule C but typically do not receive traditional employee benefits like health insurance or retirement plans.