Los Angeles Statute of Limitation lawyers

Name: Statutes of Limitation
Brand: Kesluk, Silverstein, Jacob & Morrison
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How Statutes of Limitations Impact the Legal Process

As a plaintiff, it is important to file a lawsuit within the applicable statute of limitations. Each claim has its own statute of limitations (“SOL”), which is a law that sets a timeframe for individuals or entities to file civil lawsuits. If a party misses the SOL, they may lose the opportunity to pursue their claim in court.

What is the Statute of Limitations?

A statute of limitations is a law that specifies the period when a lawsuit can be filed. The SOL time frame varies depending on the type of claim and the relevant jurisdiction. The SOL is designed to encourage prompt resolution of cases and prevent stale claims, ensuring prompt resolution and protecting the defendant from claims arising from events that happened long ago.

Why are Statutes of Limitations Important in a Case?

The SOL serves several purposes. First, it ensures that cases are brought within a reasonable timeframe to prevent stale claims. As time passes, evidence can disappear, memories fade, and witnesses become unavailable, making it challenging to investigate the case and prove liability. SOLs encourage plaintiffs to pursue their claims promptly, as they understand that time is of the essence. Delaying the filing of a lawsuit can significantly increase a case's cost, complexity, and difficulty. Moreover, SOLs protect defendants from being sued indefinitely, allowing them to move on with their lives or businesses without the fear of being held liable for past conduct. It also allows the defendant to ascertain their potential exposure, which can impact their decision-making regarding settlement or litigation costs.

Common Employment Statutes of Limitations in California

Knowing the statute of limitations is critical in every legal case to ensure claims are filed in a timely manner. In California, various laws have different SOLs that apply to different cases. Here are some common statutes of limitations in California for different cases:

Discrimination, harassment, retaliation claims: Claims must be filed with the Department of Fair Employment and Housing (DFEH) within three years of the wrongdoing. After receiving a Right to Sue Notice, the claimant has one year to file a lawsuit under this law in civil court. (Cal. Gov. Code § 12960(d).)
Wrongful Termination: Claims must be filed within two years of the job termination. (Cal. Code Civ. Proc. § 335.1.)
Intentional Infliction of Emotional Distress: Claims must be filed within two years of the wrongful act. (Cal. Code Civ. Proc. § 335.1.)
Defamation (Libel/Slander): Lawsuits must be filed within one year from when it was determined that the defamatory statements were made. (Cal. Code Civ. Proc. § 340(c).)
Fraud: Claims must be filed within three years. (Cal. Code Civ. Proc. § 338(d).)
Invasion of Privacy: Claims must be filed within two years of the wrongful act. (Cal. Code Civ. Proc. § 335.1.)
Breach of Contract: Lawsuits must be filed within four years of the date of the breach if the contract is written. If the contract is oral, it must be filed within two years. (Cal. Code Civ. Proc. §§ 337, 339.)
Family Medical Leave Act (FMLA): Any action must be filed within two years of the date of the violation or within three years if the violation was willful. (29 U.S.C. § 2617(c)(1)-(2).)
Unpaid Wages: Claims for unpaid wages must be filed within three years of the date that the wages were earned. (Cal. Code Civ. § Proc. 338.)
Unpaid Wages under the Unfair Competition Law (UCL): Bus. & Prof. Code § 17200 Claims for unpaid wages as restitution must be filed within four years. (Cal. Bus. & Prof. Code § 17208.)
Missed Meal and Rest Periods: Claims for missed meal and rest period violations must be filed within three years for payments under Cal. Labor Code § 226.7. (Cal. Code Civ. § Proc. 338.)
Waiting Time Penalties under Labor Code Section 203: A claim for the waiting time penalties must be filed within three years of the date the penalty accrued. (Cal. Code Civ. Proc. § 338(a).)

Note the specific statute of limitations that applies to your case to avoid missing the deadline and losing the opportunity to pursue your claim in court. Consult with an attorney to ensure that you are filing within the applicable SOL.

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The Impact of Statute of Limitations on Employment Claims

Employment claims have many SOLs, depending on the type of claim and the jurisdiction. The SOL can also vary depending on whether the claim is federal or state.

Here are some examples:

Discrimination, harassment, and retaliation claims under California's Fair Employment and Housing Act (FEHA) must be filed with California's Department of Fair Employment and Housing (DFEH) within three years of the wrongdoing.
Claims entered after a DFEH right-to-sue notice have one year to file a lawsuit under FEHA in civil court.
Wrongful termination claims in California must be filed within two years of the job termination.
Unpaid wage claims under California state law must be filed within three years of the date that the wages were earned.

It is important to consult an attorney to determine the relevant SOL for a particular case. Missing an SOL can result in the dismissal of the case, which may be irreversible.

Exceptions to the Statute of Limitations

There are several statutory and common law exceptions that can toll, suspend, or extend the SOL. For example, the SOL may be tolled for minors, individuals who are disabled, or those serving in the military. Additionally, some claims, such as fraud or concealment, may not be apparent until later, and the SOL may start counting from the date when the plaintiff discovered or should have discovered the claim, also known as the “discovery rule.” Certain events may also toll the SOL, such as when the defendant files for bankruptcy, which stays the SOL until the bankruptcy case is resolved. However, exceptions to the SOL are limited, and it is important to consult an attorney to determine whether any exception applies to your case.

Contact Kesluk, Silverstein, Jacob & Morrison, P.C. Today!

Statutes of limitations in California vary based on the type of case and the law involved. It is crucial to determine the relevant SOL and comply with it. Statutes of Limitations are an essential aspect of civil litigation, and it is crucial to file a lawsuit within the appropriate timeframe to avoid losing your right to pursue justice in court. The SOL helps prevent stale claims, protects defendants from indefinite liability, and encourages plaintiffs to pursue their claims promptly. In employment claims, there are varying SOLs depending on the type of claim, jurisdiction, and law, and it is critical to consult with an attorney to determine the applicable SOL.

Although there are statutory and common law exceptions that can toll, suspend, or extend the SOL, these exceptions are limited, and missing the deadline can result in the dismissal of the case. Understanding and complying with the relevant SOL can make the difference between a successful or unsuccessful legal case. Contact the Kesluk, Silverstein, Jacob & Morrison, P.C. team today to schedule a consultation. You can reach our legal team by calling or using our online form.