How to Sue Your Employer in California

Follow these steps to successfully sue your employer.

Step 1: Determine Your Deadline (Statute of Limitations)

Every claim has a deadline. Missing it destroys your right to sue.

• Unpaid wages and overtime: 3 years
• Discrimination (FEHA): 3 years to file with CRD, 1 year to sue after Right to Sue
• Wrongful termination: 2 years
• Breach of contract: 2 years (oral) or 4 years (written)

Step 2: File Required Agency Complaints (If Needed)

For discrimination, harassment, and retaliation claims, file with CRD or EEOC first.

• CRD deadline: 3 years from violation
• EEOC deadline: 300 days from violation (in California)
• Request an immediate Right to Sue letter to speed up the process

Step 3: Draft and File Your Complaint

Your lawyer will draft a complaint (the legal document that starts your lawsuit).

• Includes: Your name, employer’s name, legal claims, facts, and damages sought
• File in Superior Court (state) or Federal District Court
• Filing fee: 225−500 (fee waiver available if you cannot afford)

Step 4: Serve the Employer

After filing, you must legally notify your employer that they are being sued.

• A professional process server or sheriff delivers the papers
• Employer typically has 30 days to respond

Step 5: Employer Files a Response

After being served, the employer must file a response with the court.

• Answer: Responds to each allegation
• Demurrer: Argues your complaint is legally insufficient
• Motion to compel arbitration: Argues you must arbitrate instead of sue

Step 6: Discovery (Exchanging Evidence)

Both sides exchange evidence and information.

• Written discovery: Interrogatories, document requests, admissions
• Depositions: Sworn testimony outside of court
• Duration: 6-12 months typically

Step 7: Mediation and Settlement

Most employment cases settle before trial.

• Neutral mediator helps both sides reach an agreement
• Mediation is confidential and voluntary
• Most cases settle at mediation

Step 8: Trial (If No Settlement)

If you cannot reach a settlement, your case goes to trial.

• Jury trial or bench trial (judge only)
• Duration: 3 days to 4 weeks depending on complexity
• Verdict decides your recovery

Step 9: Collect Your Judgment (If You Win)

If you win at trial, the court orders the employer to pay you.

• You can garnish the employer’s bank account
• You can place a lien on employer property
• Interest accrues on unpaid judgments