What time frame do you have to sue for discrimination?
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What time frame do you have to sue for discrimination?
I was stripped of my superviosr duties because the director at the time did not think I could properly supervise while pregnant. This was during the spring and summer of 2007. I made a formal complaint back then but nothing was really done about it. I’m still very bothered by it since I have been very devoted to my company for the past 9 years. Any advice would be greatly appreciated.Thank you.Jennifer
Asked on June 19, 2009 under Employment Labor Law, New Jersey
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
In NJ the basic statute of limitations for different causes of action are as follows:
Professional Malpractice: Medical malpractice claims must be commenced within two years from the date of the act or omission giving rise to the complaint, or two years from the date the injury was or reasonably should have been discovered.
Personal Injury: 2 years.
Fraud: 6 years. Libel / Slander / Defamation: 1 year.
Injury to Personal Property: 6 years.
Contracts: 6 years.
Notwithstanding the above examples it is often possible to shorten a statutory limitations period by contract. For example, an employment contract might require that any claim relating to the employment relationship, including wrongful termination, be filed within one year of the claimed wrongful conduct. Courts often uphold these clauses, particularly in the context of business transactions, even though they provide for a shorter limitations period than the statute of limitations would otherwise apply.
What I would suggest you do is review your employment contract. If nothing appears to specify a specific limitation I would assume you will have 2 years based on a cause of action for discrimination as you would like to pursue. Notwithstanding the statute you should contact a local attorney who specializes in this area of law. They will be able to review the specifics of your case and tell you if they believe you satisfy all the elements to bring a lawsuit. Good luck
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