National legislation and also state statutes restrict how long a person can institute legal proceedings following an offense.
Unlawful discharge incidents normally have three categories of claims, with each having different statute of limitations. Being aware of the time restraints is extremely important, seeing that a lawsuit may be denied if commenced later.
The Arkansas statutes (laws) of limitations on labor claims is Arkansas Code § 16-56-101 et seq.
Statute of limitations by type of claim
Tort claims
Arkansas local legislation determines the statute of limitations on filing tort (personal injury) claims, for example termination in violation of public policy or premeditated infliction of emotional distress.
- Tort claims: 3 years
Discrimination claims
Federal law establishes the statute of limitations on employment discrimination claims, like workplace retaliation, gender discrimination, disability or constructive discharge.
- 180 days to file with EEOC
- 300 days if Arkansas law prohibits the discrimination as well
Contractual claims
In Arkansas, the statute of limitations on contractual claims is established by the state. The cutoff dates for written contracts and oral contracts may differ.
- Oral contracts: 3 years
- Written contracts: 5 years
Were you wrongfully discharged?
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What exact amounts do unlawful dismissal cases settle for? Check out wrongful termination litigation cases together with verdicts from Arkansas >>
