Filing a Wrongful Termination Lawsuit
If you believe that you were wrongfully terminated from your job, it is important to act quickly. There are strict statutory deadlines known as statutes of limitations that you must meet in order to file a wrongful termination lawsuit. Contacting an experienced employment lawyer as soon as possible is the best way to understand your options and ensure that you can meet all applicable statutory deadlines.
The statutes of limitations vary by state and the type of wrongful termination claim. For example, a person who was fired for whistleblowing may have up to four years from the date of their termination to sue their employer for violation of the Sarbanes-Oxley Act. However, this law requires an employee to first file a complaint with the Department of Labor within 180 days.
Discrimination-based wrongful termination claims typically involve allegations of a firing based on race, age, gender, national origin, disability, or religion. In this type of case, the time limit is usually 180 days from the date of alleged discrimination by the federal Equal Employment Opportunity Commission (EEOC) or 300 days in states that have their own anti-discrimination laws.
What Are the Time Limits for Filing a Wrongful Termination Lawsuit?
Wrongful termination based on breach of contract has a different statute of limitations depending on whether the contract is written or oral and the type of employment relationship involved (at-will vs. union). In general, it is much easier to enforce a written contract than an oral agreement and the statute of limitations is generally longer for claims that violate a contractual obligation.
There are a few exceptions to the statute of limitations, but these are not easy to invoke and are typically only granted by the court when evidence supports their request. For example, if an employer fraudulently conceals information related to your claim, the statute of limitations may be tolled or extended, but this is rarely granted.
Other exceptions to the statute of limitations are usually based on an employee’s ability or inability to discover the wrongful termination. These circumstances include when a former employer fails to provide notice of the wrongful termination or where an employee is unable to participate in litigation due to physical, mental, emotional, or medical reasons.
If you have questions about how long you have to file a wrongful termination lawsuit, please speak with an attorney at the Law Offices of Steven M. Sweat as soon as possible. Our experienced employment attorneys can evaluate your potential claim, explain the different laws and statutes of limitations that apply to it, and help you to collect the necessary evidence to support your claim. We can also help you to file your wrongful termination complaint in the appropriate court and meet all statutory deadlines. Contact us today to schedule a free consultation. We serve clients throughout California and Washington, D.C., including San Francisco, Los Angeles, and the surrounding communities. We also take cases on a contingency fee basis. We only get paid if we recover money for you.