The statutes of limitations for wrongful termination range from 30 days to ten years, depending on the state involved, the nature of the claim, and the administrative procedure for pursuing the claim. For instance, wrongful termination claims on the basis of discrimination must be filed with the Equal Employment Opportunity Commission (EEOC) within 180 to 300 days of the incident.
On the other hand, breach of contract claims in states like New York, Massachusetts, Georgia, and Vermont have a longer statute of limitations of six years, while it’s ten years in Illinois. Understanding these disparities goes a long way in ensuring you get the justice you deserve. That’s why it’s advisable to consult an experienced employment lawyer with vast knowledge of applicable local employment laws immediately after you’re wrongfully terminated.
My Job Lawyer is a reliable law firm with decades of combined experience in handling wrongful termination cases and other forms of employment-related issues. Contact us to pursue a legal claim if you have reasons to believe your former employer wrongfully terminated you.
This article covers the common types of wrongful termination claims and their deadlines, what happens if you miss a deadline, how to file a claim before time runs out, and more.
What Is the Statute of Limitation for Wrongful Termination?
The statute of limitations for wrongful termination is the time limit to file a claim or lawsuit if your employer fires you based on discrimination, illness, retaliation, or reporting illegal activities. It varies based on the type of claim (discrimination, breach of contract, or whistleblower retaliation), the state in question, and the type of laws involved (federal or state).
Examples of Typical Timeframes for Wrongful Termination Claims
The statutes of limitations for wrongful discharges are broadly classified under state and federal laws, as highlighted below:
Federal Discrimination Claims (EEOC)
You cannot institute a wrongful termination lawsuit under any federal discrimination or civil rights law without going through the EEOC. Whether it’s a violation of the Disabilities Act, the Pregnancy Discrimination Act, Title VII of the Civil Rights Act, or the Equal Pay Act, among others, you must file a claim with the EEOC within 180 calendar days of your termination before you may be permitted to sue.
This timeline starts counting from the date you were wrongfully terminated, not when you decided to file a claim. Equally important, in cases where your claim is covered by a state or local anti-discrimination law, filing a claim in the state typically triggers dual-filing with the EEOC and extends the deadline to 300 calendar days. You may also file multiple claims, depending on the case.
If you receive a “Right to Sue” letter from the EEOC, it means their investigation is complete, and you are allowed to take your case to court. You then have 90 days from the date you receive the letter to file a lawsuit in federal court. Missing the 90-day deadline usually means that you lose the right to sue.
State Laws
State-level statutes of limitations vary widely and play a vital role in determining the total time a worker who was wrongfully terminated has to pursue legal action against the employer.
Each US state has its statute of limitations and procedures for filing a wrongful termination claim, depending on the type of legal violation involved, such as breach of contract, public policy violations, retaliation, or discriminatory practices.
For instance, according to California’s wrongful termination statutes, an employee who was wrongfully discharged may have up to three years to file a discrimination claim under the state’s Fair Employment and Housing Act (FEHA). In Texas, on the other hand, the filing window may be as short as 180 days with the Texas Workforce Commission.
When a termination is based on a contract dispute, several states provide longer timeframes, usually two to six years, to allow for civil breach-of-contract lawsuits. Depending on the statutes involved, claims based on whistleblower retaliation or violations of public policy may have shorter deadlines of 90 days.
DOL Claims
The Department of Labor (DOL) also handles a range of claims, such as wrongful termination due to whistleblowing, wage conflicts, leaves, and workplace safety. Unlike the EEOC, claims under the DOL have relatively shorter statutes of limitations.
Before filing with the agency, you must understand the exact law your former employer broke and ascertain if it’s covered under the purview of DOL. This is important because filing with the wrong agency may waste your time and eventually strip you of your power to pursue a legal claim.
Common Types of Wrongful Termination Claims & Their Deadlines
Each type of wrongful termination claim is subject to its unique statutes of limitations. Missing a deadline can lead to losing a case and reduce the chances of recovering compensation from the employer.
1. Discrimination or Employer Retaliation
Employees who are fired due to race, color, national origin, religious beliefs, sex, or other protected characteristics may file a wrongful termination claim under federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA).
The deadline to file a discrimination complaint with the EEOC is typically within 180 days, or 300 days if the involved state has a fair employment practices agency. To proceed with a wrongful termination lawsuit, you must have received a Right-to-Sue letter from the EEOC, which gives you a time limit of 90 days to file a lawsuit. All of these apply to an employer’s retaliation against an employee, which is illegal under the law.
2. Whistleblower Retaliation
Whistleblowing is the legal obligation of every American resident, and you should not be penalized for speaking up. However, people often confuse whistleblower retaliation with general employer retaliation. Both are legally distinct in terms of what triggers them and their various applicable statutes.
Whistleblower retaliation occurs when an employer fires or punishes an employee for reporting fraud, safety violations, environmental law violations, criminal acts, or serious legal breaches. This type of wrongful termination claim is protected by both state and federal laws, such as the Sarbanes-Oxley Act, Dodd-Frank, OSHA, False Claims Act, and state whistleblower statutes. It has a short limitation period of 30 to 180 days.
On the other hand, employer retaliation happens when an employer punishes or takes negative action against an employee for engaging in a legally protected activity, such as reporting discrimination, harassment, unsafe work conditions, or illegal practices.
3. Constructive Discharge
Also known as constructive dismissal, this occurs when an employee resigns from their job because the work environment becomes intolerable. Although the worker technically quits their job, the law, according to the US Department of Labor via the eLaws WARN Advisor, still treats it as a wrongful termination if the reasons are due to the employer’s actions or hostile working conditions.
The statute of limitations for a constructive discharge claim depends on the type of underlying violation. It also has the same time limit as discrimination or retaliation claims, 180 to 300 days to file with the EEOC.
4. Violation of Public Policy
Violation of public policy occurs when an employer fires a worker for refusing to participate in acts that are against established legal or ethical principles, such as committing illegal activities, reporting crimes, or taking legally protected leave.
While most workers may be “at will” (fired for any reason), they cannot be fired for doing something that is protected under the law or for refusing to do something the law prohibits. The time limit to bring a public policy wrongful termination claim is dependent on your state laws, but ranges from two to four years, depending on the jurisdiction.
This type of claim is filed in state courts, not through the EEOC, unless it also involves discrimination.
5. Workers’ Compensation Retaliation
This type of wrongful termination claim occurs when an employer punishes or fires an employee for filing a workers’ compensation claim after sustaining a personal injury on the job. If you’re facing threats, harassment, hostile treatment, demotion, pay cuts, or termination because you filed a claim or reported a workplace injury, you should contact an experienced attorney.
A good employment lawyer can guide you on your legal rights regarding access to medical treatments, wage replacement, and disability benefits. In most cases, employers are legally responsible for workplace injuries and must fulfill their obligations under Workers’ Compensation Law.
These claims are handled at the state level and typically must be filed within one to three years from the date of the retaliatory action, depending on the state. Additionally, some states require filing with a labor agency before going to court.
6. Breach of Contract
This occurs when an employer fires a worker in a way that violates the terms of an employment contract, whether it is a written, oral, or implied contract. In such a case, an employee may sue for wrongful termination on account of breach of contract.
Breach of contract has a longer statute of limitations compared to discrimination or retaliation claims, but the exact timeline depends on the state and the method of contract. A written agreement has a statute of limitations of four to ten years, while an oral agreement has a shorter limit of two to four years.
Failing to file a claim within the applicable statute of limitations, whether under state or federal laws, usually results in the court dismissing the case outright, regardless of its validity. Due to the complexity and variability of these laws, especially across different states, employees are strongly encouraged to consult an experienced employment attorney or contact their state agency immediately after a wrongful termination.
How Do Wrongful Termination Deadlines Vary by State?
Here is a simple comparison table showing how wrongful termination claim deadlines vary by state:
| State | Contract Breach SOL | Tort/Public-Policy SOL | Discrimination / Retaliation SOL (EEOC or state law) |
|---|---|---|---|
| California | Written: 4 years; Oral/implied: 2 years | 2 years for public-policy or implied contract claims | FEHA retaliation: 3 years; federal EEOC/Title VII: 180 days (up to 3 years under FEHA) |
| Texas | Written/oral: 4 years | 2 years | EEOC: 180 days; if also state law: 300 days |
| Illinois | Written: 10 years; Oral: 5 years | Tort/public-policy: 2 years | 180 days to EEOC, 300 days if under Illinois Human Rights Act |
| Tennessee | Written/oral: typically 6 years | Tort wrongful discharge: 1 year | EEOC: 180 days; with TN law: up to 300 days |
| Ohio | Written: 8 years; Oral: 6 years | Tort/public-policy: 2 years | Ohio Employment Law: 2 years from incident after admin process |
| New York | Written: 6 years; Oral: 6 years | Most torts: 3 years | EEOC: 180 days; NY Human Rights Law: up to 3 years |
| Minnesota | Written: 6 years; Oral: 6 years | 2 years | State agency: 1 year; EEOC: 300 days |
How to File a Wrongful Termination Claim Before the Deadline
Filing a wrongful termination claim involves choosing the right agency or court, preparing documentation, and meeting all deadlines. Here’s a step-by-step guide on how to go about it:
Step 1: Identify the Type of Claim
First, you need to figure out what type of wrongful termination you are claiming. It could be discrimination or retaliation, which must be filed at the EEOC, OSHA, or State agency, breach of contract, or violation of public policy, which must be filed at the state court. Understanding your specific type of claim helps you follow the correct filing process and meet legal deadlines.
Step 2: Review Your State Filing Deadline
Deadlines vary depending on the state and the type of claim. It is important to know the wrongful termination statute of your state in order not to miss the deadline, because it could mean losing your legal right to pursue the claim, and sometimes you may not recover compensation.
States, like California and New York, have a 3-year statute of limitations under FEHA and NYSHRL, respectively. Federal discrimination claims (EEOC) have a 180-300 day time limit, and retaliation or violation of public policy ranges from two to four years. This time limit starts ticking from your termination date.
Step 3: File an Administrative Complaint (If Required)
If your wrongful termination involves discrimination, harassment, or retaliation under federal or state civil rights laws, you typically must file a complaint with a government agency before suing your employer. This is called an administrative complaint, and it’s often the first formal step in the legal process.
To file this complaint, you need to provide a valid contact information, your employer’s name and address, dates of alleged wrongful termination, a summary of what happened, and any documents or witnesses that support your claim. Filing can be done online through the EEOC portal, by mail, or in person at an agency office.
Step 4: Wait for the Agency to Act or Get a “Right-To-Sue” Letter
The EEOC or a state agency may investigate, mediate, or close the case. In a case where the agency doesn’t resolve it, they may issue a Right to Sue letter, allowing you to file in court. Once you get the Right to Sue letter, you usually have 90 days to file a lawsuit in court.
Step 5: Consult an Employment Attorney
Hiring an employment attorney to file a wrongful termination claim or lawsuit is not mandatory, especially in situations where you’re filing with a federal agency like the EEOC or a state labor agency. Besides that, if your case is straightforward and you have good documentation of evidence, you can go ahead and do it yourself.
However, you may want to consider hiring an attorney if your case involves complex issues such as retaliation, harassment, or breach of contract, or if you’ve received a right-to-sue letter and are considering seeking redress in court.
An experienced employment attorney can help you meet deadlines and avoid mistakes, write legal arguments, file motions, present your case in court, and even negotiate for a larger settlement.
Step 6: File a Lawsuit (If Necessary)
If your case is not resolved at the government agency, or you have a contract claim or public policy violation, you may file a lawsuit in the appropriate court within the time limits set by your state.
What Happens If You Miss the Wrongful Termination Deadline?
The court can dismiss your lawsuit immediately upon missing the deadline. Additionally, agencies such as the EEOC or state labor commissions will reject your complaint. This means that you may not be able to recover back pay, reinstatement, or damages, even if your termination was unlawful.
Once the deadline passes, your employer gains a legal defense and is no longer obligated to respond to your claim. Even if they violated your rights, they cannot be held accountable in court. However, there are very few exceptions, which are usually a rare case in most states.
The court may allow you to proceed with the lawsuit even after the deadline if you can prove that you were misled or defrauded about your rights or the deadline. In addition, you may need to provide evidence if you were mentally or physically incapacitated.
Need to Win Your Case? Don’t Wait to File Your Claim!
If you believe you’ve been wrongfully fired, it is important to act quickly. Waiting too long could reduce your chances of holding your employer accountable, recovering lost wages, or securing justice. Statutes of limitations for wrongful termination claims can be as short as 180 days, depending on your state and the nature of the claim. Once those deadlines pass, your legal rights expire permanently.
At My Job Lawyer, we have qualified and experienced wrongful termination attorneys who can help you understand your rights, file claims within the correct deadlines, and build a strong case based on evidence and applicable federal and local laws. Why wait until it’s too late? Reach out to a legal professional today and take the first step toward getting the justice you deserve. Contact us today to get started.
FAQ
Below are the answers to some frequently asked questions about the statute of limitations for wrongful termination.
What Is the Shortest Statute of Limitation for Wrongful Termination?
The shortest time limit you have to file a claim for wrongful termination in the US is typically 30 days from the date of termination. This is for whistleblowing-related termination under OSHA Section 11(c).
What if I Didn’t Know My Firing Was Illegal?
If you didn’t know that your firing was illegal until weeks or months after it had happened, you may still be able to file a claim if you are still within the legal time limit. Ignorance of your civil rights does not stop or pause the statute of limitations. If you file after the deadline, your claim will most likely be dismissed.
Are Public Employees Subject to Different Deadlines?
Yes, public employees, including teachers, police officers, and other government workers, are subject to different and sometimes shorter deadlines when filing wrongful termination claims. Public employees have as little as 45 days to file with the agency’s EEO counselor before they can file a complaint.
Can I File a Wrongful Termination Claim if I Was Forced to Resign?
Yes, you can file a wrongful termination claim even if you were forced to resign from your job. This action can be taken under the legal umbrella of constructive discharge, where an employee leaves due to intolerable working conditions or repeated harassment and retaliation by the employer.
