Statute of limitations legislation set the highest possible time period someone may have to start proceedings starting from the calendar day of a claimed offense. These kinds of laws and regulations are released by local legislative bodies and also the federal government.
Wrongful termination incidents typically have 3 types of claims. Each has separate statute of limitations. Being conscious of the following time restrictions is important, since a lawsuit might be denied if started afterwards.
The Florida statute (law) of limitations on labor claims is the Florida Statutes § 95.011 et seq.
Statute of limitations by type of claim
Tort claims
Florida local legislation sets the statute of limitations on filing tort (personal injury) claims, including firing in violation of public policy or willful infliction of emotional distress.
- Tort claims: 4 years
Discrimination claims
National legislation establishes the statute of limitations on workplace discrimination lawsuits, including sexual orientation discrimination, age discrimination, constructive discharge, disability or pregnancy.
- 180 days to file with EEOC
- 300 days if Florida law prohibits the discrimination as well
Contractual claims
In Florida, the statute of limitations on contractual complaints is defined by the state. The cutoff dates for oral contracts and written contracts can be different.
- Oral contracts: 4 years
- Written contracts: 5 years
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