To file a discrimination suit against your (former) employer, you generally have to obtain a right-to-sue letter from either DFEH (Dept of Fair Employment and Housing) or EEOC (Equal Employment Opportunity Commission). If your DFEH or EEOC Right to Sue letter has expired, you will no longer be able to bring certain discrimination claims against you employer. However you might still be able to bring at least one wrongful termination claim, known as “wrongful termination in violation of public policy”. This claim can be brought within 2 years from the date of termination and it doesn’t require filing a charge of discrimination with DFEH or EEOC or a right-to-sue letter.
This public policy claim applies to many terminations based on discrimination and retaliation. Although it doesn’t have the “teeth” of FEHA claims, because it doesn’t provide for attorneys fees to a prevailing terminated employee, it is still one way for the wrongfully fired employee to bring his termination case into court. And when the underlying discrimination which forms the basis for the public policy claim is significant and egregious enough, it makes this claim as strong as any other.
A wrongful termination in violation of public policy claim is not available against public employers (i.e. State / County) agencies.