Statute of limitations for wrongful termination in California

Rule or statute summary

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In California, a wrongful termination claim is generally treated as an employment-related “personal injury” action under California Code of Civil Procedure (CCP) § 335.1, which sets a 2-year statute of limitations. DocketMath’s statute-of-limitations calculator uses this general/default rule when you input the date the claim accrued (often tied to the termination event or the last actionable discriminatory/retaliatory act reflected in your timeline).

Two key points up front:

• This article covers the general rule. You’ll sometimes see different deadlines for specific claim types (for example, certain statutory discrimination claims). However, no claim-type-specific sub-rule was provided here, so the default 2-year period is what the calculator steps below are based on.
• A SOL deadline runs from accrual, not necessarily from when you “file.” Getting the accrual date right affects the result.

Practical workflow (what you can do next)

1. Identify the key dates in your situation:

   • Termination date (or last day of employment)
   • Last alleged wrongful act (if different from the termination date)
   • Date you plan to file (or already filed)
2. Use DocketMath to compute the latest filing date based on your selected accrual date.
3. Separately check any administrative deadlines you may face (those can be different from the court SOL and may be required before you sue).

Citations

Use these sources to confirm the authoritative text before finalizing the calculation.

• Cal. Code Civ. Proc. § 335

When rules change, rerun the calculation with updated inputs and store the revision in the matter record.

If an assumption is uncertain, document it alongside the calculation so the result can be re-run later.

California general rule (default civil SOL)

• CCP § 335.1 provides a 2-year limitations period for actions including “injury to person” (often referenced as the general civil limitations period for tort-like or injury-to-person theories).
• In practice, employment-related wrongful termination timing in civil court is frequently calculated using this 2-year default rule when a claim-type-specific SOL rule is not identified.

DocketMath will therefore use:

• General SOL period: 2 years
• General statute: CCP § 335.1

Source for the default period reference:

• https://www.alllaw.com/articles/nolo/personal-injury/laws-california.html

What “accrual” means in SOL calculations (inputs that change outputs)

Even under a single statutory SOL period, the deadline can move based on the accrual date you provide:

• If the wrongful conduct is treated as occurring on the termination date, accrual is commonly tied to that termination event—so the SOL typically runs 2 years from that date.
• If the actionable conduct is treated as occurring through a later date (for example, a last actionable act reflected in the facts), accrual may be later—extending the computed SOL end date.

In short: DocketMath’s output depends on the accrual date you enter.

Use the calculator

Open DocketMath’s statute-of-limitations tool:

• /tools/statute-of-limitations

To use it effectively, you’ll typically provide:

1. Jurisdiction: California (US-CA)
2. Claim type basis: General/default (because no claim-type-specific sub-rule was provided here)
3. Accrual date: the date you determine the claim began (often the termination date or last relevant act)
4. SOL period: 2 years (tied to CCP § 335.1 as the default rule)

How the output changes as your inputs change

• If you move the accrual date later: the computed “latest filing date” moves later.
• If you move the accrual date earlier: the computed “latest filing date” moves earlier.
• If you change jurisdiction away from California: the SOL period may change.

Quick example (illustrative only)

• Accrual/termination date you enter: March 15, 2024
• Default SOL period: 2 years (CCP § 335.1)
• DocketMath latest filing date (general): March 15, 2026

Because real facts can affect accrual, consider bracketing your timeline by running multiple accrual scenarios.

Important: A “latest filing date” based on the general rule is not a guarantee. Real-world outcomes can change due to issues like tolling, continuing-violation theories, or other prerequisites tied to the specific claim facts and governing law.

If you want a tighter estimate, try two runs:

• Scenario A: accrual = termination date
• Scenario B: accrual = last alleged wrongful act Then compare the two “latest filing” results.

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator