How to File an Employment Claim in San Diego: CRD, the Labor Commissioner, and Superior Court

Door one: the Civil Rights Department

Claims under the Fair Employment and Housing Act — discrimination, harassment, failure to accommodate, and FEHA retaliation — require an administrative charge with the California Civil Rights Department before suit. The deadline is generally three years from the last act, and the practical step is requesting an immediate right-to-sue notice so the case can proceed in court without waiting for an agency investigation.

Filing is free and can be done online. Filing correctly matters, because the scope of the charge shapes what claims survive later.

Door two: the Labor Commissioner

Unpaid wages, overtime, missed meal and rest premiums, unreimbursed expenses, and final pay penalties can be filed with the Division of Labor Standards Enforcement, which holds informal conferences and then a Berman hearing. There are no filing fees and no requirement to have counsel.

The tradeoff is scope and speed: the Labor Commissioner does not hear discrimination or wrongful termination claims, awards can be appealed into Superior Court for a fresh trial, and collection is its own project. Larger wage claims and mixed cases usually belong in court.

Door three: San Diego Superior Court

• Civil cases for central and southern San Diego County are filed at the downtown Hall of Justice; North County matters are heard at the Vista courthouse.
• Cases under $35,000 proceed as limited civil, which moves faster with restricted discovery; larger cases are unlimited civil.
• Small claims handles disputes up to the statutory limit with no attorneys at the hearing — sometimes the right answer for a modest final-paycheck dispute.
• Expect a case management conference within a few months of filing and a trial date roughly 12 to 24 months out, with most cases resolving at mediation first.

Deadlines that end cases early

• FEHA administrative charge: generally three years from the violation, followed by one year from the right-to-sue notice to file suit.
• Unpaid wages: typically three years, extended to four through the unfair competition statute.
• Written contract claims: four years. Oral contracts: two years.
• Claims against a public entity: a government claim in six months, which is the deadline that surprises people most often.

What to gather before the first consultation

• Offer letter, handbook, and any arbitration agreement you signed.
• Pay stubs and final pay documents.
• Written complaints you made and the responses you received.
• Performance reviews, especially any that changed tone after a complaint or leave request.
• A dated timeline of events with names of witnesses.

Talking to a San Diego employment lawyer

An early consultation is largely about forum and deadlines, not about arguing the merits. Rainey Law P.C. represents employees and employers across San Diego County from its office on West Bernardo Drive, and most consultations end with a clear answer about which process fits.