Every wrongful termination claim has a deadline for filing—miss it, and you lose your right to sue regardless of how strong your case is. Understanding the statute of limitations that applies to your specific claim is critical for protecting your rights.
Why Deadlines Vary
Wrongful termination isn't a single cause of action—it's an umbrella term covering many different legal claims, each with its own statute of limitations. Your deadline depends on the specific basis for your claim: discrimination, retaliation, breach of contract, whistleblower protection, or other grounds.
Federal Discrimination Claims
Federal discrimination claims under Title VII, ADA, and ADEA require filing with the EEOC first. You must file an EEOC charge within:
180 days of the discriminatory act, or
300 days if your state has its own discrimination agency with a work-sharing agreement with the EEOC.
After the EEOC process, you receive a "right to sue" letter. You then have 90 days to file a lawsuit in federal court. Missing either deadline—the EEOC filing or the 90-day lawsuit window—bars your claim.
State Discrimination Claims
State discrimination laws have their own deadlines, which may be longer or shorter than federal deadlines. Some states allow direct lawsuits without first filing with an administrative agency; others require administrative exhaustion. State deadlines range from 180 days to several years depending on the jurisdiction.
Whistleblower Claims
Federal whistleblower statutes have varying deadlines:
Sarbanes-Oxley: 180 days to file with OSHA.
False Claims Act: 6 years for qui tam claims, 3 years for retaliation claims.
OSHA whistleblower provisions: Varies by statute—often 30-180 days.
State whistleblower deadlines also vary significantly. These short deadlines make prompt action essential.
Breach of Contract Claims
Employment contract claims typically follow general contract statutes of limitations:
Written contracts: Usually 4-6 years, depending on the state.
Oral contracts: Often 2-4 years—shorter than written contract deadlines.
These longer deadlines provide more time but shouldn't encourage delay—evidence deteriorates and witnesses forget over time.
Public Policy Claims
Wrongful termination claims based on public policy violations typically follow your state's statute of limitations for personal injury or tort claims—usually 2-3 years, though some states allow more or less time.
Retaliation Claims
Retaliation deadlines depend on what protected activity prompted the retaliation. Retaliation for discrimination complaints follows discrimination claim deadlines. Retaliation for whistleblowing follows whistleblower deadlines. Retaliation for exercising other legal rights may have different deadlines.
When the Clock Starts
The limitations period typically begins on the date of termination—when you were fired or when your resignation became effective (for constructive discharge). However, some doctrines can affect when the clock starts:
Continuing violation: If discrimination or harassment was ongoing, the deadline may run from the last incident.
Discovery rule: In some cases, the clock starts when you knew or should have known about the wrongful conduct.
Equitable tolling: Deadlines may be extended when employers actively concealed information or when you reasonably didn't know you had a claim.
Multiple Claims, Multiple Deadlines
Many wrongful termination cases involve multiple legal claims with different deadlines. You might have federal discrimination claims (300-day EEOC deadline), state discrimination claims (possibly longer), breach of contract claims (several years), and whistleblower claims (possibly very short). Missing one deadline doesn't necessarily affect others—but managing multiple deadlines requires careful attention.
Consequences of Missing Deadlines
Missing a statute of limitations is usually fatal to your claim. Courts will dismiss late-filed cases regardless of their merits. There's no "good cause" exception for simply not knowing about the deadline or being busy with other matters. This harsh rule makes understanding and tracking deadlines essential.
Protecting Your Rights
To protect your claims: Note your termination date immediately. Identify all potential legal bases for your claim. Research the deadline for each claim type. Build in buffer time—don't wait until the last day. Consult an attorney promptly to ensure all deadlines are identified. File any required administrative charges (EEOC, state agencies) on time.
Getting Legal Help
Consult an employment attorney as soon as possible after termination. Attorneys can identify all applicable deadlines, determine which claims to pursue, file required administrative charges, and preserve your rights while investigating your case. Most employment attorneys offer free consultations to evaluate your situation.