04 Aug How long do I have to file my employment law case?
By: Virtus Law Group, Birmingham Alabama.
Employees only have the right to bring a lawsuit against their employer prior to a deadline known as the statute of limitations. Statutes of limitations are the periods of time during which you may file a lawsuit for a particular claim. Various employment laws have different Statutes of Limitation, and knowing which limit applies to your case may be the difference between recovering for your claim or not.
Alabama Workers’ Compensation
Workers’ Compensation laws are state laws specific to Alabama. To recover under Workers’ Compensation, injured employees must file a claim within two years of the injury or two years from the date of the last temporary total disability payment.
Title VII of the Civil Rights Act of 1964
Title VII prohibits discrimination in the workplace on the basis of race, color, religion, gender, pregnancy, or national origin. Employees who wish to make a claim under Title VII must file a charge with the EEOC within 180 days of the discriminatory practice and file a lawsuit within 90 days of receiving a Right to Sue letter.
FLSA (Fair Labor Standards Act)
The Fair Labor Standards Act establishes the minimum pay and overtime limits that employers must follow. Employees who would like to make an FLSA claim against their employer must do sowithin two years of the cause of action accruing (or three years if the violation was willful).
ADA (Americans with Disabilities Act)
Title I of the ADA prohibits employers from discriminating against employees with disabilities in the workplace or during the hiring process. ADA claims must be made within 180 days of the unlawful employment practice, and lawsuits must be filed within 90 days of receiving a Right to Sue letter.
FMLA (Family Medical Leave Act)
The FMLA provides job protection for eligible employees who need to miss work for qualifying medical or family reasons. In order to allege a violation of the FMLA, an employee must make a claim within two yearsof the violation, or within three years if the violation was willful.
ADEA (Age Discrimination in Employment Act)
The ADEA is a federal law that protects employees over 40 years old from employment discrimination based on age. Employees that have been discriminated against due to their age must file a claim within 180 days of the discrimination.
If your rights have been violated in the workplace, one of the experienced attorneys at Virtus Law Group may be able to help.
Founded in Birmingham, Alabama Virtus Law Group is a Personal Injury and Labor and Employment firm serving the people of Alabama.