When can a cause of action for wrongful termination arise?

MultiRegion, United States of America

The following excerpt is from Rosser v. Continental Airlines, Inc., 875 F.2d 870 (9th Cir. 1989):

When a cause of action for wrongful termination arises is an issue usually raised in the context of a statute of limitations problem. There does not appear to be any California wrongful termination case law on point. 6 However, we have held in a federal wrongful termination suit that the applicable statute of limitations begins to run "once the employee knows or should know that an unlawful employment practice has been committed." Aronsen v. Crown Zellerbach, 662 F.2d 584, 593 (9th Cir.1981), cert. denied, 459 U.S. 1200 (1983). In Crown Zellerbach we also noted that "neither cessation of work nor official termination noted on company personnel records is singularly relevant to this inquiry." Id.

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