All the states have different laws to protect at-will employees from injustice at their workplace. If you’ve recently been fired on an unsatisfactory basis or if your employment has been terminated for violating the provisions of the employment contract, keep reading to know what all you need to do and how long do you have to take action.
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What are the grounds for wrongful termination?
An employer has no right to fire any of his employees on the basis of the following:
- The state protects those who have faced discrimination on the basis of race, religion, nationality, sexual orientation, or sex.
- You cannot be fired for complaining about activities that are protected by the law; that is, you are protected against whistle blowing retaliation.
- The employer cannot terminate your job if it violates public policy, like refusing to participate in unlawful acts or exercising your legal rights.
- Your employment is wrongfully terminated if you are fired for taking a personal or family medical leave.
What is a statute of limitations?
It is the legal time limit set by the state for filing a case of wrongful termination. In this case, the clock starts ticking from the day of the termination. If the statute of limitations has expired, your case can be dismissed. Therefore, it is crucial that you take quick action within the provided time limit. There are a number of renowned firms like the Wagoner Law Firm that can guide you through the entire process and even help you recover compensation for all that has been lost.
What are the common wrongful termination claims and their statute of limitations?
● Termination based on discrimination
According to the anti-discriminatory laws, if you have been terminated due to discrimination, you have 180 days from the day of termination to file a complaint with the Equal Employment Opportunity Commission (EEOC). Once the complaint has been submitted, you have 90 days to start a civil lawsuit against your former employer under the federal law. However, some states have an extended statute of limitations that may go up to a year.
● Breach of contract
Different states have different rules for the statute of limitations that are set by state law. If your termination violates the provisions mentioned in your employment agreement, you can file a case against your former employer. If the contract is in written form, then the states usually provide a longer time. However, if it is just a verbal contract, you will have to act quickly and file a complaint as soon as possible. The statute of limitations for all the states ranges between two and fifteen years.
● Personal injury claims
In such claims, the other person is legally responsible for the harm that he has caused to his employee. Two such examples are defamation and violation of public policy. The state law is responsible for setting the statute of limitations for such cases, which generally ranges from two to three years for all the states.