There are deadlines involved in employment discrimination cases. Once these deadlines pass, you may lose all of your claims forever without any recourse. If you believe you may have been discriminated against, you should consult an attorney immediately to discuss your options and any deadlines.

Federal Law Deadlines

Generally, under federal law an employee who has been discriminated against must file a claim within 300 days of the discriminatory act. In some states, this is only 180 days and in certain circumstances it can be even less, but in California the 300-day deadline applies. The Family Medical Leave Act has a two-year deadline.

California State Law Deadlines

In California, you must file a state law claim within one year of the discriminatory act. However, this does not excuse failure to file a federal law claim within 300 days. If you file between 300 days and one year, you will lose your federal law claims, but your California claims may proceed.

There are ways to revive a federal or state law claim that has been lost in California by filing a wrongful termination claim, which “borrows” these statutes to create a different claim. The statute of limitations deadline on these claims is two years, but the damages you are able to recover are limited and less than under the actual state or federal law statutory claims.