How Long Do I Have To File a Wrongful Termination Lawsuit?

The statute of limitations in a wrongful termination lawsuit is the deadline to file your claim. If you file your claim too late, you can lose your right to recover compensation.

Your time limit depends on the type of legal claim and whether you file under state or federal law. There are very few exceptions to the strict statute of limitations, so you should contact a lawyer sooner rather than later.

To find out how long you have to file a lawsuit in your case, talk to a wrongful termination lawyer.

What Is a Statute of Limitations?

The statute of limitations is the amount of time you have to file a lawsuit. The statute of limitations varies depending on the type of legal claim and where you file your lawsuit.

In a wrongful termination lawsuit, the statute of limitations commonly runs from the date of termination. For claims involving ongoing sexual harassment, the time limit runs from the most recent incident of harassment.

Wrongful termination can involve various causes of action, including:

• Breach of contract
• Violation of anti-discrimination laws
• Sexual harassment
• Retaliation against whistleblowing
• Retaliation against employees for engaging in protected activities
• Retaliation for filing a workers’ compensation claim
• Wrongful termination in violation of public policy

You have to file a legal claim before the time limit runs out. If you wait too long, the court can dismiss your case. Statute of limitations timelines are very strict. Even if you file a lawsuit one day late, you may lose out on your chance to recover compensation.

Deadlines for Wrongful Termination Claims

The deadlines depend on the basis for your wrongful termination claim. The statute of limitations also varies by state law.

“There is no standard time frame,” says Beth Bertelson, an employment litigation attorney in Minneapolis, Minnesota. “It all varies based on the claim and the state. So, for example, Minnesota has a Human Rights Act that covers maybe a dozen protected categories.”

Unlawful Discrimination, Sexual Harassment, and Retaliation Claims

Most wrongful termination claims fall under discrimination, harassment, or retaliation.

For example, Title VII of the Civil Rights Act prohibits employment discrimination on the basis of protected characteristics such as race, color, religion, sex (including sexual orientation and gender identity), and national origin. The Americans with Disabilities Act (ADA) prohibits wrongful dismissal based on disability.

The U.S. Equal Employment Opportunity Commission (EEOC) handles most of these types of wrongful termination claims. The statute of limitations for EEOC claims is 180 days from the date of the wrongful action. However, the time limit is extended to 300 days if there is a state law that provides similar protections.

If you bring a discrimination or harassment claim under state law, the time limit for state wrongful termination claims can vary. In some states, the employee has up to three years to file an employment discrimination claim. Talk to a local employment lawyer to find out about the time limits in your state.

Breach of Employment Contract Claims

Most workers have an at-will employment relationship that lets their employer fire them for any reason, as long as it’s not against the law. However, some workers have an enforceable employment contract. If you have an employment agreement and your employer fires you in violation of the contract terms, you have a breach of contract claim.

Employment agreements generally provide for what happens in the event of a breach. Written contract terms may provide for compensatory damages, liquidated damages, or other compensation for a breach of contract. If you have to litigate the breach of contract claim, state law gives you a limited time to file a civil lawsuit.

The statute of limitations for a breach of contract case varies by state. Generally, the time limit ranges from about three to six years from the date of the breach. Talk to a local employment lawyer to find out the time restrictions for breach of contract in your state.

Termination for Protected Labor Activities

Under the National Labor Relations Act (NLRA), you have the right to organize a union to negotiate work conditions with your employer. If your employer fires you for protected labor activities, you can file a wrongful termination case.

The NLRA gives most workers up to six months to file a claim with the National Labor Relations Board (NLRB). If you wait longer than six months, you may lose your right to file an unfair labor practice claim.

Fired for Taking Protected Family Medical Leave

The Family and Medical Leave Act (FMLA) protects covered workers from losing their jobs for taking qualifying leave for a serious illness, to care for a family member, or the birth of a child.

Workers who lose their jobs for taking protected leave can file a claim with the U.S. Department of Labor. If the complaint is not resolved, the worker can file a wrongful discharge lawsuit. The FMLA statute of limitations is two years from the date of the FMLA violation, or up to three years for a willful violation.

State vs. Federal Time Limits

Some states have stronger legal protections than those provided by federal law. Workers may have a choice to file under federal, state, or local laws.

Under many federal employment protections, workers have to exhaust all administrative remedies before filing a wrongful termination lawsuit. This means they have to wait until the government agencies try to resolve the complaints between the employee and the former employer. There are multiple levels of appeals and reviews within the federal agencies.

However, some states give employees an automatic notice of right to sue. With a notice of right to sue, the employee can file a lawsuit without waiting for the government agencies to try to resolve the claim. A local employment attorney can explain your options to file a claim with a state or federal agency or take your claim to court.

What Happens if You Miss the Filing Deadline?

“If you miss the deadline, well, then you’re out of luck,” says Bertelson. “You really can’t pursue that claim anymore, though there could be other claims.”

In some situations, you may have additional time if you only discovered the cause of wrongful termination later. Under the discovery rule, the statute of limitations clock begins to run when you discover or reasonably should have discovered the unlawful cause of your termination.

Exceptions to the statute of limitations vary by state. Before you rely on any additional time to file, talk to a wrongful termination attorney as soon as possible to preserve your claim.

“A good attorney would help you if you miss the statute of limitations deadline. Maybe they can find another statute with different deadlines that would allow you to bring a claim,” says Bertelson. “The time limitation can also be paused or suspended if the parties are involved in settlement negotiations or some kind of voluntary dispute resolution process. That could hold up the time limitations.”

Why You Should Contact an Employment Lawyer Immediately

The statute of limitations is strict. In most cases, if you miss your deadline, you will lose your claim. There have been many situations where a wrongfully terminated employee filed their lawsuit one day too late, and the court barred their claim.

Contact an experienced wrongful termination lawyer for legal advice to make sure you recover compensation and protect your legal rights.