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  1. #1
    Join Date
    Jul 2020
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    Default Statute of Limitations

    My question involves business law in the state of: California
    I worked for a company that didnít give us breaks for several years and never complained because I really needed the job. The statue of limitations is 3 years, I worked for the company for almost 8 and left due to bullying and a handful of other reasons. Is there anything I can do about the breaks? Or am I just screwed?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,436

    Default Re: Statute of Limitations

    You can file a complaint with the DLSE. What they will do about it is anyone's guess.

  3. #3
    Join Date
    Oct 2016
    Posts
    4,099

    Default Re: Statute of Limitations

    Quote Quoting Steven Dyer
    View Post
    My question involves business law in the state of: California
    I worked for a company that didn’t give us breaks for several years and never complained because I really needed the job. The statue of limitations is 3 years, I worked for the company for almost 8 and left due to bullying and a handful of other reasons. Is there anything I can do about the breaks? Or am I just screwed?
    Assuming you are correct about the Statute of Limitation on the issue how long ago did you work there?

  4. #4

    Default Re: Statute of Limitations

    If you are asking whether the 3-year statute of limitations would prevent you from making a claim against your former employer based on violations of California's mandatory break laws when those violations occurred more than 3 years before your employment ended, then the answer to that question is 'possibly.'
    California takes a fairly liberal approach to the 'continuing violation' doctrine -- applying it in more types of employment cases than a court applying federal law would -- and in an appropriate case an employer can be liable for acts that preceded the limitations period if they are sufficiently linked to unlawful acts that occurred during the limitations period.
    It really will depend on the particular facts, but as a starting proposition you're not necessarily out of luck with respect to violations that happened more than 3 years ago.

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