Statute of Limitations (?) General Question

Durango64 · October 2005

How long does a disgruntled former employee have to file a lawsuit? Is it state-specific?

System · October 2005

That's a tough question to answer. It generally depends on the type of claim the employee has (for example, contract, defamation, discrimination, etc.), where the claim occurs, and the applicable statute of limitations (applicable will depend on factors that include where the claim occurs). Hate to cop out on you, but in this case it's best to talk things over with an experienced employment attorney.
Kathy Carlson

marc · October 2005

There is no statute of limitations if murder was involved. So assuming no one was killed in the disgruntlement - you may have a limit to deal with. Of course, Federal claims have different limitations than State claims, but many of them mirror each other.

There are many factors that can impact limitations - Ricoh conspiracy charges can go pretty long. They were extended back in the days of the Savings and Loan failures - throw the word Fraud in there and you get another answer.

Long story short, consult your attorney who can work through all the issues invovled for a real answer.

HRPager · October 2005

I got this info from the EEOC webpage - has some general info on it. . .

What Are the Time Limits for Filing a Charge of Discrimination?
All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.
This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.
These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.
To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.

HRinFL · October 2005

EEOC (Title VII) is 300 days from the date the alleged adverse action occurred, in deferral states, 180 days in non-deferral states (like GA)to file a charge, then they have 90 days from the date the determination was mailed. 1981 claims are whatever the state statute of limitation for claims are, in FL it is four years. ADEA they must file in two years, three years if the adverse action was wanton. FLSA there are no limitations that I am aware of. ADA is like Title VII claims. State limitations are different, for state claims in FL they have 365 days to file a charge, when the determination notice is mailed, they have twenty days to ask for a review, if they still do not agree, they cannot sue, there is a DOAH (department of administrative hearings) scheduled before an ALJ. This takes the place of state litigation and has a discovery period etc, just on a shorter timeframe.

Durango64 · November 2005

Thanks everyone for the responses, both posted and private. At least I now have a better idea of where to do some more digging on my own.

Statute of Limitations (?) General Question

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