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How long do you have to file retaliation claims in California?

On Behalf of | Sep 29, 2022 | Employment Law

As a California employee, you maintain certain employment rights. If you engage in something the United States sees as a “protected activity” and then your employer takes some type of adverse action against you because you engaged in that protected activity, you may have grounds for a retaliation case.

Per the State of California Department of Industrial Relations, an “adverse action” refers to some type of negative treatment you receive that is the direct result of you engaging in a protected activity. Making reports about safety, harassment or discrimination within your place of employment typically counts as a protected activity. So, too, does refusing to follow orders that are discriminatory in nature, among other possible examples.

How adverse actions often manifest

Retaliation takes on many forms. You may find that your employer retaliates against you for making a report or claim by firing you, demoting you or docking your pay. If you receive a poor performance review without merit, or if your employer or supervisors harass or threaten you, such actions may also constitute retaliation.

How long you have to make a retaliation claim

If you want to file a retaliation claim against your California employer, you must do so by a certain deadline. Most of the time, you have one year from the date the adverse action took place to file a retaliation claim against your employer.

Keep in mind that there are rare exceptions to filing a retaliation claim within that one-year window. There are certain types of retaliation claims you may need to make within 90 days, or within two years, of the date the retaliation took place.

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