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3 Reasons You Should Sue Your Employer Quickly
April 3, 2025
Don’t Wait: Why You Shouldn’t Delay Suing Your Employer
Taking legal action against your employer is not an easy decision, but in some cases, it is necessary to protect your rights. Whether you are dealing with a potential claim for wrongful termination, workplace discrimination, wage theft, or other employment violations, filing a lawsuit quickly is crucial. Waiting too long can weaken your case and limit your legal options. Below, we explore the key reasons why you should sue your employer as soon as possible for the best possible outcome.
Every Cause of Action Has a Statute of Limitations
One of the most important reasons to act fast is your claim could be subject to a statute of limitations, which is a legal deadline for filing a lawsuit. Every employment-related claim is subject to a deadline, so if you miss this deadline, you lose your right to sue. For example:
- In California, employees who experience workplace discrimination typically have 300 days to file a charge with the EEOC if the discrimination is also covered by state law and they file with the California Civil Rights Department (CRD) (formerly the Department of Fair Employment and Housing, DFEH).
- Wage and hour violations under the Fair Labor Standards Act (FLSA) generally have a two-year statute of limitations, or three years if the violation was willful.
- Wrongful termination lawsuits in California have strict deadlines, typically two to three years from the termination date, often ranging from one to three years. The deadlines for filing wrongful termination lawsuits in California vary depending on the type of claim. These claims generally fall under the Fair Employment and Housing Act (FEHA), contract disputes, or violations of public policy.
- If you are unsure about the deadlines that apply to your case, you should consult an employment lawyer immediately to ensure you don’t forfeit your right to seek justice.
Evidence Can Be Lost Over Time
Building a strong case against your employer requires solid evidence. However, as time passes, critical evidence can disappear or become less reliable. Here’s why acting quickly is crucial:
- Documents and records may be deleted or lost. Employers may not be required to retain emails, payroll records, or internal reports indefinitely, but California law mandates keeping payroll records for at least three years, personnel files for three years after termination, and discrimination complaint records for three years.
- Witnesses' memories fade. The longer you wait, the less reliable witness testimonies become. Colleagues may forget details or move to different jobs, making it harder to locate them for statements.
- Surveillance footage may be erased. If your claim involves video evidence (e.g., harassment, workplace injury), it may be automatically deleted after a certain period of time.
- By suing your employer promptly, you improve the chances of securing key evidence to support your case. An employment lawyer can help gather and preserve evidence in accordance with California employment laws.
Acting Quickly Demonstrates the Importance of Your Claim
Filing a lawsuit as soon as possible also strengthens your credibility. It shows the court, legal authorities, and even your employer that you take the issue seriously. Delays can lead to skepticism about the severity of your claim, opening the door for employers to argue that you would have pursued it sooner if it were truly important. In contrast, quick legal action demonstrates you are committed to holding your employer accountable for employee rights violations.
Additionally, early action can prompt your employer to negotiate a settlement before a lengthy court battle. If your employer realizes you are serious, they may be more willing to resolve the issue through mediation or a financial settlement rather than risking a public lawsuit.
Deciding to sue your employer is a major step, but acting quickly is a smart way to protect your rights. This is because the statute of limitations may restrict your ability to file claims, evidence might disappear over time, and taking swift action can bolster your case.
If you believe your rights have been violated, don’t wait—contact Lawyers for Employee and Consumer Rights
today to discuss your case with an experienced employment lawyer and protect your rights.
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