What Is the Statute of Limitations for Wrongful Termination?

Wrongful termination means being fired for an illegal reason, such as discrimination, retaliation, or a violation of an employment contract. If your employer wrongfully terminated you, you can sue to protect your rights. However, statutes of limitations limit how long you have to file a wrongful termination claim. Filing too late bars your recovery. Statutes of limitations for wrongful termination vary depending on whether the claim is based on federal or state law, and the type of claim. For example, the table below summarizes state limits for breach of contract claims.

“There is no single statute of limitations for wrongful termination because it varies by the specific claim and state law,” says Beth Bertelson, an employment litigation lawyer in Minneapolis. “For instance, Minnesota state law allows one year for discrimination claims, while federal claims through the EEOC generally require filing within 300 days.”

Contact an experienced attorney to find out how long you have to file a wrongful termination lawsuit.

What Is Wrongful Termination?

Most people in the United States work at-will, meaning their employer can fire them at any time, for any reason, or for no reason at all. However, employers cannot fire you for illegal reasons, including:

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

You have limited time to file a wrongful termination claim, and courts strictly enforce these time limits. If you file your claim even one day late, the court could dismiss your complaint, leaving you no chance to recover compensation.

Were You Illegally Fired?

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Statute of Limitations for Federal Employment Discrimination Claims

Federal anti-discrimination laws prohibit discrimination based on protected characteristics, including race, sex, and national origin. 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.

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 the 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, 2026. Later, your employer terminates you based on your age on December 1, 2026. 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.

There is no single statute of limitations for wrongful termination because it varies by the specific claim and state law.

State Time Limits for a Breach of Employment Contract Claim

Below is a summary of the statute of limitations for breach of contract claims by state. To understand how long you have in your particular case, talk to an experienced employment law attorney.

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.