What is the Statute of Limitations for Wrongful Termination?

You might be curious about the Statute of Limitations for Wrongful Termination because of a recent firing or for general knowledge.

Well, the Statute of Limitations for Wrongful Termination is the deadline for filing a legal action against an employer who wrongfully dismissed you.

Additionally, the statute of limitations is the legal rule that determines how long you have to start a lawsuit on a wrongful termination claim.

It is important to know the deadline for filing a legal action on wrongful termination cases because if you miss the deadline to sue, your case could be dismissed by the court.

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The statute of limitations for wrongful terminations
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What is the Statute of Limitations for Wrongful Termination?

State and federal laws establish the time limits within which employment claims must be brought forth.

In broad terms, there are three categories of claims:  contractual, injury issues, and discrimination.

Deadlines for initiating a lawsuit against an employer vary for each type of claim.

Contractual claims

State laws determine the time limits for filing claims related to breach of contract.

There are two distinct types of contracts: written and oral.

Oral contract claims usually have a shorter deadline, as they depend on the parties’ memories.

Tort or personal injury claims

In cases of wrongful termination, personal injury claims involve actions like:

  • termination against public policy,
  • defamation, and
  • intentional infliction of emotional distress.

Moreover, the time limits for filing these tort claims are determined by state law.

Discrimination claims

The federal law says that if someone wants to sue an employer for discrimination based on these laws, they have to do it through the EEOC and within 180 days of when it happened:

  • Title VII
  • Age Discrimination
  • Act Americans with Disabilities Act
  • Genetic Information
  • Non-discrimination Act

But if the state or local law also bans the same kind of discrimination, then they have 300 days to do it.

Once the EEOC gives them a letter that says they can sue, they have 90 days to start the lawsuit.

Wrongful Termination Statutes of Limitations by State

The amount of time you have to sue an employer for firing you unfairly based on tort and contract issues is dependent on each state in the US.

However, the deadline for suing an employer depends on the law of your state.

It would be best if you learned how each time limit applies to your case.

Additionally, be aware that suing a government agency might have different rules.

It is therefore advisable to get legal advice for your claim from a skilled wrongful termination attorney.

If you miss the deadline for suing, you might lose your chance to have your case heard in court.

STATE ORAL CONTRACT WRITTEN CONTRACT TORT STATUTE
Alabama 6 6 2 Ala. Code § 6-2-30 et seq.
Alaska 3 3 2 Alaska Stat. § 09.10.010 et seq.
Arizona 3 6 2 Ariz. Rev. Stat. Ann. § 12-541 et seq.
Arkansas 3 5 3 Ark. Code Ann. § 16-56-101 et seq.
California 2 4 2 Cal. Civ. Proc. Code § 312 et seq.
Colorado 3 (2 tortious breach) 3 (2 tortious breach) 2 Colo. Rev. Stat. § 13-80-101 et seq.
Connecticut 3 6 2 Conn. Gen. Stat. § 52-575 et seq.
Delaware 3 3 2 Del. Code Ann. tit. 10, § 8101 et seq.
District of Columbia 3 3 3 D.C. Code § 12-301 et seq.
Florida 4 5 4 Fla. Stat. Ann. § 95.011 et seq.
Georgia 4 6 2 Ga. Code Ann. § 9-3-20 et seq.
Hawaii 6 6 2 Haw. Rev. Stat. § 657-1 et seq.
Idaho 4 5 2 Idaho Code § 5-201 et seq.
Illinois 5 10 2 735 Ill. Comp. Stat. 5/13-201 et seq.
Indiana 6 10 2 Ind. Code Ann. § 34-11-2-1 et seq.
Iowa 5 10 2 Iowa Code Ann. § 614.1 et seq.
Kansas 3 5 2 Kan. Stat. Ann. § 60-501 et seq.
Kentucky 5 10 (15 for contracts dated July 15, 2014 and before) 1 Ky. Rev. Stat. Ann. § 413.080 et seq.
Louisiana 10 10 1 La. civil code § 3492 et seq.
Maine 6 6 6 Me. Rev. Stat. Ann. tit. 14, § 751 et seq.
Maryland 3 3 3 Md. Courts & Jud. Proc. Code Ann. § 5-101 et seq.
Massachusetts 6 6 3 Mass. Ann. Laws ch. 260, § 1 et seq.
Michigan 6 6 3 Mich. Comp. Laws § 600.5801 et seq.
Minnesota 6 6 2 Minn. Stat. Ann. § 541.01 et seq.
Mississippi 3 6 3 Miss. Code. Ann. § 15-1-1 et seq.
Missouri 5 10 (for payment of money 5) 5 Mo. Rev. Stat. § 516.097 et seq.
Montana 5 8 3 Mont. Code Ann. § 27-2-202 et seq.
Nebraska 4 5 4 Neb. Rev. Stat. § 25-201 et seq.
Nevada 4 6 2 Nev. Rev. Stat. Ann. § 11.010 et seq.
New Hampshire 3 3 3 N.H. Rev. Stat. Ann. § 508:1 et seq.
New Jersey 6 6 2 N.J. Rev. Stat. Ann. § 2a:14-1 et seq.
New Mexico 4 6 3 N.M. Stat. Ann. § 37-1-1 et seq.
New York 6 6 3 N.Y. Civ. Prac. Laws & Rules § 201 et seq.
North Carolina 3 3 3 N.C. Gen. Stat. § 1-46 et seq.
North Dakota 6 6 6 N.D. Cent. Code § 28-01-01 et seq.
Ohio 6 8 2 Ohio Rev. Code Ann. § 2305.03 et seq.
Oklahoma 3 5 2 Okla. Stat. Ann. tit. 12, § 91 et seq.
Oregon 6 6 2 Or. Rev. Stat. § 12.010 et seq.
Pennsylvania 4 4 2 Pa. Cons. Stat. Ann. tit. 42, § 5501 et seq.
Rhode Island 10 10 3 R. I. Gen. Laws § 9-1-12 et seq.
South Carolina 3 3 3 S.C. Code Ann. § 15-3-510 et seq.
South Dakota 6 6 3 S.D. Codified Laws Ann. § 15-2-1 et seq.
Tennessee 6 6 1 Tenn. Code Ann. § 28-3-101 et seq.
Texas 4 4 2 Tex. Civ. Prac. & Rem. Code § 16.001 et seq.
Utah 4 6 4 Utah Code Ann. § 78B-2-101 et seq.
Vermont 6 6 3 Vt. Stat. Ann. tit. 12, chap.23 § 461 et seq.
Virginia 3 5 2 Va. Code Ann. § 8.01-228 et seq.
Washington 3 6 3 Wash. Rev. Code Ann. § 4.16.005 et seq.
West Virginia 5 10 2 W. Va. Code § 55-2-1 et seq.
Wisconsin 6 6 3 Wis. Stat. Ann. § 893.01 et seq.
Wyoming 8 10 4 Wyo. Stat. § 1-3-102 et seq.

What is the maximum compensation one can seek in a wrongful termination lawsuit?

Well, while you might hear about big payouts in the millions, there’s a limit set by federal laws.

The most you can get in damages for wrongful termination is between $50,000 and $300,000.

However, the exact amount depends on how many people work for the company that let you go.

Conclusion

The statute of limitations for wrongful termination varies depending on the state and the type of claim.

It is therefore important to be aware of the deadlines for filing a lawsuit against an employer who fired you unfairly, as missing the deadline could result in losing your right to sue.

If you are unsure about the applicable law or the time limit for your case, you should consult a lawyer who specializes in employment law.

A lawyer can help you evaluate your claim, gather evidence, and file the necessary paperwork.

By taking action within the statute of limitations, you can protect your rights and seek justice for the wrong done to you.

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