How Long Do You Have To File For Wrongful Termination?

If you have been wrongfully terminated from your job, you do have limited time, which is a statute of limitations, for pursuing a claim against your employer.

When you file a claim against your employer, you can ask to be compensated for the damages you suffered by the wrongful termination. Those damages could include lost wages, lost benefits, and mental anguish. Here is a closer look at how long you have to file a claim for wrongful termination.

Discrimination Wrongful Termination Claim

If you have been wrongfully terminated because you were discriminated against, you have 180 days from the date of the incident to file a wrongful termination claim with the Equal Employment Opportunity Commission (EEOC).

Times can vary for filing a claim with the state agency that handles employment discrimination cases. Discrimination is prohibited by federal and state laws, so if you were wrongfully terminated in an act of discrimination, you have grounds for pursuing a wrongful termination claim against your employer.

Disability Wrongful Termination Claim

If you have been wrongfully terminated because you have a disability, you have 180 days to file a claim with the EEOC for a disability discrimination wrongful termination claim.

If there are state laws that apply, the time can vary for filing with your state office that handles employment disability discrimination claims. You are protected by federal laws, and often, state laws that prohibit discrimination because of an individual’s disability.

Retaliation

If you have been wrongfully terminated or discriminated against because you were a whistleblower, your employer has retaliated against you.

It is illegal for an employer to retaliate against you, so you have 180 days from the date of the incident to file a claim with the EEOC. The time limit may vary if you are filing a claim with a state office or agency.

Breach of Contract

If you were given an employment contract when you were hired for a job, there are most likely specific rules or guidelines for termination in the contract.

If that contract is breached, then you can file a wrongful termination claim because of the breach of contract. While the state laws do vary, in general, you usually have two years from the date of the breach of contract to file a claim against your employer.

Pursuing A Wrongful Termination Claim

If you believe you were wrongfully terminated from your job and laws were broken, you should consult with an experienced employment law attorney who handles wrongful termination claims in your area.

Be sure to discuss the lawyer’s payment options because some attorneys require a retainer while others will take cases on a contingency basis and only be paid when they win your claim, and you are compensated for your damages.

Remember time for pursuing a wrongful termination claim is limited, so complete the Free Case Evaluation Form on this page today to share the details with an attorney in your area.

 

 

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