You normally have only a limited time after termination to file a wrongful termination claim known as the statute of limitations.
This time limitation is variable as it depends on the reason for wrongful termination and which law your employer has violated.
Normally, if you file a claim for wrongful termination after the time statute of limitations has been reached, you will not be able to claim damages.
Most employees work on at-will employment conditions. This generally means that employers and employees can terminate employment when they want to.
This has the advantage for employees that they don’t have to give a reason for leaving employment and provides more freedom to work for whoever is looking for the right employee at a better wage or conditions.
The disadvantage is that you never know when you might have your job terminated with no way to prevent it.
Even in an at-will employment arrangement, though, state and federal laws may prevent an employer from terminating employment in a limited number of circumstances.
A good example is terminating on the basis of discrimination. If this is what you believe has happened to you, you may be able to make a wrongful termination claim.
What Is the Statute of Limitations for a Wrongful Termination Case?
The statute of limitations is the legally permitted time limit allocated to a plaintiff who wishes to bring a lawsuit against another party.
Usually, the time limit is timed to start from when a violation or infraction occurred. In the case of wrongful termination, this would typically be the date of the termination of employment.
The statute of limitations for a wrongful termination claim depends on the reason for the termination and the state or federal law that the termination has violated. These reasons are explained below.
1. Discrimination
If you have evidence that your employment was terminated because of your gender, ethnicity, religion, race, color, age or disability, then this may have been a violation of a federal or state law.
For example, discrimination on the basis of gender or race is prohibited by Title VII of the 1964 Civil Rights Act.
Discrimination because of age (if you are aged over 40) is prohibited by the Age Discrimination in Employment Act (ADEA). Discrimination because of pregnancy or disability is also prohibited by additional legislation.
For wrongful termination complaints on the basis of discrimination, you would normally file a complaint with the Equal Employment Opportunities Commission (EEOC).
All claims have a statute of limitations of 180 days. Depending on the sate you work in, additional state anti discrimination laws may extend the statute of limitations further.
2. Violation of the Family and Medical Leave Act (FMLA)
If your employment was terminated for taking unpaid leave for family or medical reasons, then you able to file a claim with the Wages and Hours Division of the Department of Labor. The statute of limitations for claims of this type is 2 years from the date of termination.
3. Termination due to retaliation
In some cases, an employer may decide to illegally terminate your employment through retaliation. For example, reasons for retaliation may be because you applied for workers’ compensation, or resisted sexual advances, made enquiries of your work colleagues about cases of discrimination.
In this case, you would have 180 days to file a complaint through the EEOC. If the EEOC determines you have just cause, you may be given a further 90 days to file a lawsuit against your employer.
Filing Your Wrongful Termination Claim
Who you go to if considering filing a wrongful termination claim in the first instance will depend on the reason for the termination.
In most cases it will be either the EEOC or Wages and Hours Division of the DoL. An employment lawyer can help you decide where to file your initial complaint.
If you work in a smaller workplace, you may need to take your complaint to a state government agency rather than the EEOC.
You may not be legally allowed to file a lawsuit against your employer for wrongful termination unless you are given permission by the EEOC or DoL.
In most cases these bodies will investigate a genuine complaint and will try and resolve the issue before resorting to legal action unless there has been a clear violation of a state or federal law.
Help With Your Wrongful Termination Claim
If the EEOC, DoL or state anti-discrimination body gives you permission to sue you should make sure you have the help of a experienced employment lawyer to prepare a lawsuit against your employer. To help find a suitable lawyer your area, use the free case evaluation form available below.
Additional Resources
- How to Know If You Were Illegally Fired
- Wrongful Termination Statute of Limitations
- Where Do I File A Wrongful Termination Complaint?
- How Much Is A Wrongful Termination Lawsuit Worth?
