California Wrongful Termination Statute of Limitations: Two Years Under CCP § 335.1
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
A common-law claim for wrongful termination in violation of public policy is a tort and runs on the two-year period in Code of Civil Procedure section 335.1.
Unlike a FEHA claim, it requires no administrative exhaustion — no complaint with the Civil Rights Department, and no right-to-sue notice.
Source: California Code of Civil Procedure section 335.1 (as of August 31, 2026).
Two tracks, two clocks
An employee terminated for an unlawful reason frequently has two distinct routes, and they run on different clocks. The statutory FEHA route requires filing with the Civil Rights Department within three years under Government Code section 12960, then suit within one year of the right-to-sue notice under section 12965. The common-law route — wrongful termination in violation of a fundamental public policy — is a tort claim under section 335.1 with a flat two years and no administrative step.
Because the common-law claim needs no exhaustion, it is sometimes the only route left when the FEHA administrative deadline has passed; equally, its two-year period can expire while a FEHA charge is still pending administratively.
| Route | Deadline | Exhaustion required |
|---|---|---|
| Public policy tort (Tameny) | 2 years from termination (CCP § 335.1) | No |
| FEHA statutory claim | 3 years to CRD, then 1 year from right-to-sue (Gov. Code §§ 12960, 12965) | Yes |
When the clock starts
The period generally runs from the date of termination — the date the employment actually ended, rather than the date notice was given or the date the employee learned the reason. Where the claim is constructive discharge, accrual is generally the date the employee resigned.
A public policy claim must rest on a policy that is fundamental, substantial, and grounded in a constitutional or statutory provision. Where it is not, the claim fails on the merits rather than on timing, but the two-year clock applies either way.
Key exceptions and tolling
- FEHA claims run separately.The statutory discrimination route has its own two-stage deadline under Government Code sections 12960 and 12965 and must be calendared independently.
- No tolling from a pending charge.The two-year common-law period is not generally extended by a pending administrative charge, so it can expire during the FEHA process.
- Public entity employers.A claim against a public entity employer requires Government Code claim presentation, generally within six months for injury-type claims.
- Contract theories differ.Breach of an employment contract runs on section 337 at four years if written, or section 339 at two years if oral.
- Wage claims differ again.Statutory wage claims carry their own periods and should not be calendared off the termination date alone.
Frequently asked
How long do you have to sue for wrongful termination in California?
A common-law wrongful termination in violation of public policy claim runs two years from the date of termination under Code of Civil Procedure section 335.1, with no administrative exhaustion required. A FEHA claim has separate deadlines. This is general information, not legal advice.
Does filing with the Civil Rights Department protect a wrongful termination claim in California?
Not generally. The two-year common-law period under section 335.1 is not extended by a pending FEHA charge, so it can expire while the administrative process runs. Calendar both tracks separately.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of California Code of Civil Procedure section 335.1 and Government Code sections 12960 and 12965 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.