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Termination

PoohPooh 2 Posts
in HR & Employment Law Vote Up0Vote Down
From the time an employee is discharged, what is the statute of limitations for filing charges against the company for unjust discharge?
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  • 3 Comments sorted by Votes Date Added
  • Down_the_MiddleDown_the_Middle 771 Posts
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    Without knowing more details or the state you reside in, 365 days from date of discharge applies to all EEO claims.
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  • Don DDon D 9,834 Posts
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    If I'm not mistaken an EEOC claim's time limit is 180 days unless you reside in a state that has a (redundant) state process, in which case it's double that. have I missed something?
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  • David Hagaman GADavid Hagaman GA 21 Posts
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    Actually, this depends on the meaning of "unjust discharge." If it means federal claims such as age, race, or sex discrimination, then the statute of limitations is 180 days in a state where the EEOC has jurisdiction, or 300 days where the jurisdiction is covered by a state or local agency. This means the employee must file a charge of discrimination, not a lawsuit, with the agency within that time perios. If the claim is under state law, such as claims for breach of contract or fraud or some other state law claim, then the statute of limitations is covered by state law depending on the claim. Breach of contract claims might have one statute of limitations, whereas claims for defamation surrounding termination might have another time period. The employee would have to file suit within that time period.
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