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How long do I have before filing a complaint against an employer?

On Behalf of | Feb 29, 2020 | Employment Law |

If you work in California, effective January 1, 2020, you have three years from the date on which you experienced harassment, discrimination or retaliation to file a complaint against your employer. The Stop Harassment and Reporting Extension Act lengthened the statute of limitations for filing a complaint from one year to three years. 

Senate Bill-1343, which passed alongside the SHARE Act, further restrains harassment and discrimination in the workplace. As reported by the Kern Valley Sun, employers with at least five employees must now provide each worker with a minimum of one hour of training on sexual harassment. 

Prior to the SHARE Act’s passage, employees were often hesitant to file a complaint against an employer for violations of labor laws. Many individuals were wary of taking action for fear of harm or repercussions while searching for another job. 

An employee fired in retaliation for complaining about a labor law violation may be reluctant to note the former employer on a job application. When seeking a new job, he or she may leave out important background information that may otherwise help to secure a better position or salary. This may prolong a stretch of unemployment and could lead to negative financial circumstances. 

The ability to file a complaint within a three-year time frame provides better options. You may now take the time to gather necessary evidence, seek medical attention or recover from the experience. With an opportunity to present a case against an employer from a position of strength, Golden State residents overall may benefit from a greater awareness of which companies have allowed offenses to occur.