If you have been treated unfairly by your employer, it is important to hold them responsible. However, employment laws often limit the amount of time you have to make a claim. Receiving the fair treatment that you are due can often depend on knowing the statute of limitations on your case.
Is your claim about a violation of federal law?
Many employment law concerns are violations of federal laws, and the federal law has different statutes of limitations depending on the violation:
- Anti-discrimination laws—Many of these acts, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and the Age Discrimination Employment Act (ADEA) have a 180-day limitation. In some cases, your jurisdiction may extend the deadline to 300 days.
- Family Medical Leave Act—If your employer has violated your right to medical leave, you have 2 years to file a complaint.
- Fair Labor Standards Act—If your employer has committed a wage or hour violation, you will have 2 years to file for most violations and up to 3 years if the violation was “willful.”
Federal employees have a tighter deadline, however. Their complaints must be filed within 45 days of the initial violation.
Is your claim about a violation of New York state law?
If your employer has violated a New York state law, the statute of limitations depends on the specific law that was violated. Wage, hour and retaliation claims can be made within 6 years. If you have experienced an issue of discrimination, you have 3 years to file a claim in New York state.
Is your claim about a violation of New Jersey state law?
If your employer has violated the New Jersey Law Against Discrimination (LAD) or the state Family Leave Act (FLA), you generally have 180 days to file a verified complaint with the state government.
Is your claim about a violation of Pennsylvania state law?
For issues of discrimination in Pennsylvania, you can file within 180 days of the most recent incident.
Because of the many laws that govern your employer, it is important to speak to an experienced employment law attorney after you have experienced discrimination, wage violations or other misconduct. They can ensure that you file your claim before time runs out.