August 3, 2022
In many cases, people don’t realize that their employer fired them for an illegal reason right then and there. Or maybe they are afraid to file a lawsuit because of the complexity of the process. But remember: the best advice is to act as quickly as possible when filing a case, but what to do if some time has already passed?
Statute of limitations
“Statute of limitations” means the amount of time a person has to file a lawsuit after an employee has committed an alleged crime. Some crimes have short statutes of limitations, while others can last for years.
However, these are only general guidelines. If you have been affected by a labor law crime, you should contact an attorney to obtain advice specific to your case. In addition, an attorney must determine whether or not the statute of limitations has passed, as your case may have special circumstances or other laws to consider.
How long can you wait to sue for wrongful termination?
The US Equal Employment Opportunity Commission states that an employee can sue up to 180 days after the termination or 300 days after the illegal act. Please note that companies with more than 25 or 50 employees may have different standards. For example, in California, victims may have more coverage under the Fair Employment and Housing Act.
To answer the question “how long can I wait to file my wrongful termination lawsuit?” our recommendation is: don’t wait. Talk to a lawyer as early as possible, which is when you think you have a case. For All Workers is here to help.
