Statute of Limitations on Wrongful Termination Lawsuit in 2024

What is Wrongful Termination?

According to the Law Cornel Org. Wrongful termination occurs when an employee is fired violating an employment contract or applicable public law [1].

Where an employment contract requires termination only for cause, a terminated employee can sue for arbitrary discharge. Wrongful discharge claims usually arise, however, under the default rule of at-will employment, in which both labor and management can terminate the relationship at will – Law Cornel org.

In some states, an employee who is terminated despite an implied contract for permanent employment may be able to sue for wrongful discharge under contract law, provided that the termination was not for a valid cause.

How Do I File a Wrongful Termination Lawsuit?

When someone suspects they’ve experienced wrongful termination in a California workplace, prompt action is crucial.

Here are the recommended steps to take:

Step 1: Gather Evidence Swiftly
The burden of proof falls on the worker to show that the termination was wrongful. Evidence such as text messages, emails detailing the reasons for termination, or the termination notice itself can be crucial. If the termination occurred during a meeting, it’s important to document what was said, who was present, the date, time, and location. If other employees witnessed the termination, note their presence for potential later testimony.

The statute of limitations for wrongful termination claims in California is generally two years from the date of termination, or three years for certain violations. It’s essential to act promptly to avoid missing the deadline.

Step 2: File a Formal Complaint
Seek the guidance of an attorney and file a formal complaint. The appropriate agency depends on the nature of the wrongful termination, such as the Equal Employment Opportunity Commission for discrimination claims. Employees may also choose to file a civil lawsuit seeking financial compensation.

Step 3: Pursue Legal Action or Consider Settlement
If a lawsuit is filed, the employer may opt to settle rather than go to trial. However, the employee is not obligated to accept the settlement. If a settlement is declined, the case progresses through documentation, discovery, potential mediation, and, if necessary, trial.

By demonstrating lost wages and opportunities or other financial harm, an employment attorney can help workers to fight for the compensation they deserve after being incorrectly fired.

Wrongful Termination Lawsuit Statute of Limitations

As stated by The Howley, the statute of limitations dictates the time period within which an individual can file a lawsuit, such as for wrongful termination [2]. This timeframe varies by state and the nature of the claim, but typically ranges from one to three years from the date of termination. However, this period can be altered based on the specifics of the case.

For instance, if an employee’s termination was part of a discriminatory pattern or practice, the statute of limitations may be longer than usual. Similarly, if an employer attempted to hide discriminatory actions leading up to the termination, the statute of limitations may be extended.

It is important to note that statutes of limitation are strictly enforced so it is important for employees to consult with an experienced employment law attorney as soon as possible after they believe they have been wrongfully terminated.

Wrongful Termination Lawsuit Statistics

• According to general estimates, approximately 90% of cases are settled before reaching trial. This is because taking a case to trial can be costly and risky for employers, prompting many to opt for settlement.
• A survey conducted by Nolo.com found that among those who had legal representation, 64% received compensation, with an average settlement amount of $48,800.
• In contrast, among those who did not have legal representation, only 30% received compensation, with an average settlement of $19,200.
• Another survey by Martindale-Nolo Research revealed that overall, only 43% of respondents received compensation through either a settlement or court award.
• The most successful group in this survey were those who had both witness testimony and written evidence supporting their claims, with 63% receiving compensation.
• Those who had only written evidence were successful in 50% of cases, while those with only witness testimony were successful in 28% of cases.

Related Articles:

• What is the Average Wrongful Termination Settlement?
• How Do You Prove Wrongful Termination?
• What Is Retaliation in the Workplace?

FAQs

Are there different statutes of limitations for different types of wrongful termination claims?

Yes, different claims such as those based on discrimination, retaliation, or breach of contract may have varying statutes of limitations. Consult with an attorney for specifics related to your case.

How does the statute of limitations apply to wrongful termination claims involving discrimination?

Wrongful termination claims involving discrimination often have specific filing deadlines with agencies like the EEOC, which must be met before pursuing a lawsuit. These deadlines are typically shorter than general statutes of limitations.

Can the statute of limitations for wrongful termination claims be tolled?

Yes, the statute of limitations can be tolled (paused) in certain situations, such as if the employer concealed the wrongful nature of the termination or if the employee was incapacitated.

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The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://www.law.cornell.edu/wex/wrongful_termination
2. https://howleylawfirm.com/wrongful-termination-statute-of-limitations