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Can I sue former employer for laying me off in 2009. It is the largest consumer products company in the U.S.

Oxnard, CA |

Is there a statute of limitations for suing for PTSD?

Attorney Answers 4

Posted

No, not likely. Yes there is. In California, the statute of limitations generally applicable to workers compensation claims is one year.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

In California, the statute of limitation for wrongful termination in violation of public policy is two years. The statute of limitation for filing a claim of disability discrimination with the California Department of Fair Employment and Housing is one year. The statute of limitation for filing a workers' compensation claim is one year, but there are earlier reporting deadlines.

twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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3 comments

Panda Lynn Kroll

Panda Lynn Kroll

Posted

Adding claim of unfair business practices can often add a third year to SOL, for wrongful term, right Marilynn?

Marilynn Mika Spencer

Marilynn Mika Spencer

Posted

The statute of limitation for an unfair business practice claim under Business and Professions Code sections 17200 et seq. is four years, not three. But it is tricky at best and usually not possible to use the unfair business practice route after the statute of limitation for the underlying violation has expired. Rutter has a really good publication on 17200 claims. - Mika

Panda Lynn Kroll

Panda Lynn Kroll

Posted

Great info, thanks!

Posted

Laying you off is not a valid reason to sue your employer. Discrimination for having a disability may be, but 4 years of delay probably exceeds the statute of limitations for all known remedies.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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Asker

Posted

July 2009 is when they notified me they were going to lay me off, but the final date was April 26, 2010. I am now on SSI and ended up this way because of the stress and many other health problems I attribute to being layed off. So it will be 3 years this April and I want to sue them for PTSD, which would be easily proved with all my health problems I have now and I cannot work, so is 3 years past the statue of limitations?

Posted

I cannot think of any cause of action or legal theory that would permit a lawsuit for wrongful termination filed four years after termination to proceed. Moreover, it seems questionable as to whether any cause of action for wrongful termination exists in the first place, as employers generally enjoy vast discretion to terminate employees for just about any non-discriminatory reason, regardless of whether the basis is fair or reasonable.

This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

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