what is the statue of limitation for federal lawsuits?
I was wrongfully terminated,while on workman compensation
- ParaNYCLv 41 decade agoFavorite Answer
"What is the statue of limitation for federal lawsuits? I was wrongfully terminated,while on workman compensation."
There is no good quick answer to your question.
Don't put the cart before the horse. (If you have a cart but no horse, how are you going to pull the cart?)
An attorney taking your case might find a myriad of reasons you were terminated-- including that you were on Workman's Comp. The first thing you need to do quickly is determine if there are administrative (non-judicial) measures you need to take. For example, if you want to file a case partly under the Americans With Disabilities Act you may be required to file a complaint within six months of the wrong in order to preserve your standing on the issue for court. Sometimes you are required to "exhaust your administrative remedies" before you can take it to court, but I think in those particular cases you at least have to file the complaint-- regardless of what gets done with it you can still take it to court.
Statutes of Limitation vary greatly by area of law-- and sometimes from state to state. (Even where you are filing in federal court, the law of the state that has jurisdiction over your controversy will still be used to decide state jurisdictional issues.) But generally, I think you have two years from the time you discovered the wrong (though sometimes just from when the wrong happened) to bring a civil action for wrongful termination. (If a manufacturer poisoned your well water and you get cancer 20 years later, the onset of the cancer is the thing that starts the clock. When you get wrongfully terminated, it's the firing that starts the clock.)
But don't wait on it. Where Workmen's Comp is involved things can get tricky-- you probably have already discovered there's a whole side-industry set up to address those issues. If you wait too long to find an attorney, the attorney might have her hand's tied on some things-- or you might have missed the boat entirely.
Contact the Equal Employment Opportunity Commission to see what information they can give you-- or at least take a look at their website.
You also might want to consider seeking out a free consultation from an attorney who specializes in this area of law. Without paying anything, you generally have about 30 minutes of time to pick the attorney's brain on issues like a statute of limitations. Of course, the attorney hopes that when you see what he knows, you'll retain him for the case.
[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]Source(s): http://www.eeoc.gov/