What Is the Statute of Limitations for Wrongful Termination?

Wrongful termination is getting fired for an illegal reason, such as discrimination, retaliation, or violating an employment contract. If your employer wrongfully terminated you, you can file a claim to protect your employee rights.

However, statutes of limitations only give you a certain amount of time to a wrongful termination claim. The time limits vary by state, but filing too late will mean you lose out on your legal rights. Contact an experienced attorney to find out how long you have to file a wrongful termination lawsuit.

Understanding Wrongful Termination

Most workers in the United States have at-will employment, meaning that an employer can fire you at any time and for any reason — or for no good reason. However, employers cannot fire you for an illegal reason.

There are a variety of types of wrongful termination claims, including:

• Discrimination claims
• Retaliation for reporting sexual harassment
• Retaliation for whistleblowing
• Retaliation for protected activities
• Breach of contract claims

Breach of Contract and Wrongful Termination

Most workers have an at-will relationship with their employer. However, some employees have an employment contract that determines the terms of employment, including grounds for termination. Many employment agreements provide the employer can only terminate the employee for cause.

What constitutes “for cause” is generally included in the terms of the contract. Examples of good cause for termination include:

• Gross insubordination or incompetence
• Theft or misconduct
• Workplace violence
• Sexual harassment
• Violating confidentiality agreements

If an employer fires you without cause in violation of your employment contract, you can file a claim for breach of contract. The legal remedies for breach of contract depend on the contract terms. Penalties may include liquidated damages, compensatory damages, and legal fees.

Time Limits for Filing a Wrongful Termination Claim

You have a limited time to file a wrongful termination claim. Courts strictly enforce the statute of limitations. Even if you file your claim one day late, the court could dismiss your complaint and leave you with no chance at recovering compensation.

State-by-State Time Limit for a Breach of Employment Contract Claim

The statute of limitations for employment contracts generally falls under state law. Below is a summary of the statute of limitations for breach of contract claims by state. However, the actual time limit can depend on the language of the contract, whether it was written or oral, and other factors. To understand how long you have to file a breach of employment contract claim, talk to an experienced employment law attorney.

Alabama	6 years	Ala. Stat. § 6-2-34
Alaska	3 years	Alaska Stat. § 09.10.053
Arizona	6 years	A.R.S. § 12-548
Arkansas	5 years	A.C.A. § 16-56-111
California	4 years	Cal. Civ. Proc. Code § 337
Colorado	6 years	Ariz. Rev. Stat. § 12-548
Connecticut	6 years	C.G.S.A. § 52-576
Delaware	3 years	10 Del. C. § 8106.
Florida	5 years	F.S.A. § 95.11(2)(b)
Georgia	6 years	O.C.G.A. § 9-3-24
Hawaii	6 years	Haw. Stat. § 657-1
Idaho	5 years	Idaho Code § 5-216
Illinois	10 years	I.L.C.S. § 5/13-206
Indiana	10 years	I.C. § 34-11-2-1
Iowa	10 years	I.C.A. § 614.1
Kansas	5 years	K.S.A. 60-511
Kentucky	10 years	K.R.S. § 413.160
Louisiana	10 years	L.S.A.-C.C. Art. § 3499
Maine	6 years	14 M.R.S.A. § 205
Maryland	3 years	Md. Cts. & Jud. Proc. Code § 5-101
Massachusetts	6 years	Mass. Laws Ch. 260 § 2
Michigan	6 years	M.C.L.A. § 600.5807
Minnesota	6 years	M.S.A. § 541.05
Mississippi	3 years	M.C.A. § 15-1-49
Missouri	5 years	Mo. Rev. Stat. § 516.120
Montana	8 years	Mont. Stat. § 27- 2-202
Nebraska	5 years	Neb. Stat. § 25-205
Nevada	6 years	N.R.S. § 11.190
New Hampshire	3 years	N.H. Stat. Ann. § 508:4
New Jersey	6 years	N.J.S.A. § 2A:14-1
New Mexico	6 years	N.M.S.A. § 37-1-3
New York	6 years	N.Y. C.P.L.R. § 213
North Carolina	3 years	N.C.G.S.A. § 1-52
North Dakota	6 years	N.D.C.C. § 28-01-16
Ohio	8 years	O.R.C.A. § 2305.06
Oklahoma	5 years	Okla. Stat. Tit. 12, § 95
Oregon	6 years	O.R.S. § 12.020
Pennsylvania	4 years	42 P.S. § 5525
Rhode Island	10 years	R.I.G.L. § 9-1-13(a)
South Carolina	3 years	S.C. Code § 15-3-530
South Dakota	3 years	S.D.C.L. § 15-2-13
Tennessee	6 years	T.C.A. § 28-3-109
Texas	4 years	Tex. Civ. Prac. & Rem. Code § 16.004
Utah	6 years	U.C.A. § 78B-2-309
Vermont	6 years	Vt. Stat. Tit. 12, § 511
Virginia	5 years	Va. St. § 8.01-246
Washington	6 years	R.C.W.A. § 4.16.040
Washington, D.C.	3 years	D.C. Code § 12-301(8)
West Virginia	10 years	W. Va. Code § 55-2-6
Wisconsin	6 years	Wis. Stat. § 893.43
Wyoming	10 years	Wyo. Stat. § 1-3-105

Federal Laws Protecting Employee Rights

There are a number of federal laws regulating employee protections. Federal anti-discrimination laws prohibit discrimination based on protected characteristics, including race, sex, and national origin. Federal discrimination laws include:

• Title VII of the Civil Rights Act of 1964
• Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)

Other federal laws prohibit termination when an employee participates in protected activities. For example, the Family and Medical Leave Act (FMLA) protects an employee’s job when they have to take leave to care for a family member. An employer cannot fire you for taking a family leave for a valid medical need. Firing an employee for this protected activity goes against public policy.

In addition to federal laws, many states have state and local laws that provide additional protections. Some states have stronger wrongful termination laws than federal laws provide. State laws may extend anti-discrimination protections to include additional protected classes, smaller employers, or give workers stronger legal remedies.

Wrongful termination protections vary by state. To protect your legal rights, talk to a local wrongful termination lawyer.

Statute of Limitations for Federal Employment Discrimination Claims

You have 180 calendar days to file a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC). The clock runs from the date of discriminatory action. However, if your state has a local agency that follows similar anti-discrimination laws, you have up to 300 days to file a discrimination claim. Check with your state laws or talk to an employment discrimination lawyer to find out whether the 180-day or 300-day deadline applies.

If there are multiple discriminatory events, each event may have a separate statute of limitations. For example, your supervisor fails to promote you to a job based on your age on July 1, 2025. Later, your employer terminates you based on your age on December 1, 2025. The discrimination claim for failing to promote you runs from July 1. The discrimination claim for unlawful termination runs from December 1.

For ongoing harassment, the clock runs from the last date of discrimination. For example, a supervisor sexually harasses you over the course of two years. The time frame begins to run from the most recent incident of sexual harassment.

Steps To Take After Wrongful Termination

Your legal options depend on the reason you were fired. If you have an employment contract, you can file a civil lawsuit for breach of contract. Depending on your contract, you can sue your employer for unpaid compensation, benefits, and loss of future compensation. Your contract may also allow you to sue for legal fees for the cost of filing the lawsuit.

Gather any evidence of your wrongful termination, including employment contracts, performance reviews, and pay stubs. This evidence can help you prove your wrongful termination case in court. You may lose access to your work emails and work documents. However, your employer can get copies during discovery for the wrongful termination lawsuit.

Make sure you file your breach of contract lawsuit within the statute of limitations. Filing too late will mean the judge can dismiss your case. Generally, it is better to contract an employment lawyer sooner rather than later. It takes time to research a wrongful termination claim, gather evidence, and prepare the case.

Legal Help With Wrongful Termination Claims

Employers have more legal resources than most employees. They have insurance policies to protect themselves against claims for employment law violations. They may also have their own attorneys to challenge workers who are protecting their employee rights. You can contact a wrongful termination attorney to fight back against your former employer.

A wrongful termination lawyer can review your case and explain your legal options. Your attorney can help you file a claim with the EEOC or your state agency. Your attorney can also get a notice of right to sue so you can take your case to court. An experienced attorney can negotiate with your former employer to get compensation for wrongful termination.

Contact a local wrongful termination lawyer for legal advice and to make sure you file your claim in time.