How Long Do You Have to Sue for Wrongful Termination?

01/31/2025 | The Mundaca Law Firm |

Employees in the United States are protected by laws that prevent employers from wrongfully terminating them. However, wrongful termination does occur, and when it does, it is important for employees to understand their rights and how long they have to file a claim.

This article discusses employment laws, the statute of limitations for wrongful termination claims, exceptions to the time limit, and factors that may affect the filing deadline. Understanding these aspects can help individuals seek justice and compensation if they were wrongfully terminated.

What Is Wrongful Termination?

Wrongful termination occurs when an employee is fired for reasons that violate their legal rights. Common grounds for wrongful termination claims include:

  • Discrimination based on race, age, gender, sexual orientation, religion, national origin, or disability
  • Retaliation for whistleblowing or reporting unsafe work conditions
  • Firing an employee for refusing to engage in illegal activities
  • Violations of employment contracts

If an employee believes they have been wrongfully terminated, they must act quickly as strict time limits apply to filing a claim.

Understanding Employment Laws

Employment laws provide protections against wrongful termination. Some of the most relevant federal laws include:

  • Title VII of the Civil Rights Act of 1964 – Prohibits discrimination based on race, color, religion, sex, or national origin
  • The Americans with Disabilities Act (ADA) – Protects individuals with disabilities from workplace discrimination
  • The Age Discrimination in Employment Act (ADEA) – Prohibits discrimination against employees aged 40 and older
  • The Occupational Safety and Health Act (OSHA) – Protects employees who report unsafe working conditions
  • The Whistleblower Protection Act – Shields employees who report illegal activities

Understanding these laws can help individuals determine whether their termination was unlawful and how to proceed with a claim.

Statute of Limitations for Wrongful Termination

The statute of limitations is the time frame within which an individual must file a lawsuit. This period varies depending on the type of claim and the specific laws involved. Generally, plaintiffs have one to three years from the date of their termination to file a lawsuit against their employer.

However, certain factors can shorten or extend this period. For example:

  • If the termination was due to discrimination, the deadline to file with the Equal Employment Opportunity Commission (EEOC) may be 180 to 300 days depending on the case.
  • If an employer engaged in a pattern of discrimination, the statute of limitations may be extended.
  • If the employer attempted to conceal wrongful actions, the statute may also be lengthened.

Because statutes of limitations are strictly enforced, employees should consult an employment law attorney as soon as possible after their termination.

Exceptions to the Filing Deadline

Several exceptions can impact the deadline for filing a wrongful termination claim:

  • Retaliation Cases – Employees terminated after filing a workplace complaint may have additional time to file a claim.
  • Whistleblower Protection Cases – Employees who report illegal activities may have extended filing deadlines.
  • Discrimination Complaints – If filing under federal discrimination laws, employees typically have 180 to 300 days to file with the EEOC before proceeding to court.
  • Breach of Employment Contract – If an employee was fired in violation of a contract, the contract’s terms may affect the filing deadline.

Consulting with an employment attorney can clarify which deadlines apply to a specific case.

Types of Wrongful Termination Claims

There are two primary types of wrongful termination claims:

1. Employment Contract-Based Claims

If an employee has a contract that outlines conditions for termination, their employer must adhere to these terms. Violating a contract may provide grounds for a wrongful termination lawsuit. Common violations include failing to provide required notice or severance pay.

2. Discrimination-Based Claims

Employees who are terminated due to discrimination can file claims under federal or state laws. Common types of discrimination include:

  • Race Discrimination – Employers cannot make employment decisions based on race or ethnicity.
  • Gender Discrimination – Employers cannot treat employees unfairly based on gender identity or sex.
  • Religious Discrimination – Employers must provide reasonable accommodations for employees’ religious practices.
  • National Origin Discrimination – Employers cannot discriminate based on an employee’s country of origin or accent.
  • Disability Discrimination – Employers must provide reasonable accommodations for employees with disabilities under the ADA.
  • Age Discrimination – The ADEA protects employees over 40 from unfair treatment based on age.

Employers must ensure a workplace free from discrimination, harassment, and retaliation.

Steps to Take if You Were Wrongfully Terminated

If you believe you were wrongfully terminated, consider taking these steps:

  1. Gather Evidence – Collect documents, emails, performance reviews, and any communication that supports your claim.
  2. File a Complaint with the EEOC – If your termination involved discrimination, file a charge with the EEOC before pursuing a lawsuit.
  3. Consult an Employment Attorney – An attorney can help determine whether you have a valid claim and guide you through the legal process.
  4. Understand Your Legal Rights – Research federal and state employment laws to understand your protections.
  5. Act Quickly – Ensure that you file your claim within the applicable statute of limitations.

Final Thoughts

Wrongful termination can have serious financial and emotional consequences, but understanding employment laws and filing deadlines can help employees seek justice. Since statutes of limitations are strictly enforced, employees should act quickly if they believe they were wrongfully terminated.

If you have been terminated unfairly, consider consulting a wrongful termination lawyer in Maryland to ensure you meet all legal deadlines and maximize your chances of receiving compensation. Filing your claim within the correct time frame is essential to protecting your rights and holding employers accountable for unlawful practices.