How long after discharge do you have to file a wrongful termination suit against the employer?
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How long after discharge do you have to file a wrongful termination suit against the employer?
I worked for a company for gour years and then resigned. In March, I was re-hired (when pregnant) and 7 weeks later I was terminated. Can I still file a suit?
Asked on November 13, 2010 under Employment Labor Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Wrongful termination claims typically have short statutues of limitaions (or times to commence legal actions), so if you think you might have a claim, speak with an employment attorney NOW--if you were terminated in May or June, already 4 - 6 months (depending on exact timing) has gone by, which is putting you in danger of running out of time. Don't delay.
Note that for there to be a wrongful termination claim, you must have been fired (1) in violation of a contract, if you had one; or (2) in violation of a specific legal protection--that is, as a general matter, employers can fire anyone at any time, so it's the exception when termination is wrongful. For example, suppose you are claiming you were discriminated against because you were pregnant--that would only apply if the termination was due to pregancy. If you were fired for some other good reason--restructuring, abseentism, poor job performance, insubordination, etc.--then the fact that you were pregnant at the time does not protect you.
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