What is the statute of limitations for a civil rights action for wrongful discharge in violation of public policy?

California, United States of America


The following excerpt is from Losonsky v. Tektronix, Inc., B256221 (Cal. App. 2015):

With respect to breach of an employment contract, the two-year statute governing oral contracts and the four-year statute governing written contracts applies. ( 337.) A tort action for wrongful discharge in violation of public policy is subject to the two-year statute governing personal injury actions generally. ( 339.) The statutes of limitations applicable to civil rights claims arising under California law depend on whether the liability is created by statute or common law. If the action arises from common law, the action is subject to a two-year statute of limitations; if a statute creates a new liability that did not exist at common law, the action is subject to the three-year statute of limitations applicable to "liability created by statute." ( 338, subd. (a); Gatto v. County of Sonoma (2002) 98 Cal.App.4th 744, 759.)

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