Statute of limitations regulations set the highest possible time period some body has to initiate legal proceedings counting from the day of a claimed offense. These sort of laws are brought by local bodies as well as the federal government.
Unlawful termination cases generally have 3 different kinds of claims, each one falling under different statute of limitations. Being conscious of these time restrictions is crucial, given that litigation can be denied if initiated afterwards.
The Illinois statute (law) of limitations on workplace claims is the 735 Illinois Compiled Statutes 5/13-201 et seq.
Statute of limitations by type of claim
Illinois state law sets the statute of limitations on submitting tort (personal injury) claims, including intentional infliction of emotional distress, termination in violation of public policy or defamation.
- Tort claims: 2 years
National law sets the statute of limitations on work discrimination cases, like sexual orientation discrimination, disability or workplace retaliation.
- 180 days to file with EEOC
- 300 days if Illinois law prohibits the discrimination as well
In Illinois, the statute of limitations on contractual claims is defined by the state. The time limits for written contracts & oral contracts may diverge.
- Oral contracts: 5 years
- Written contracts: 10 years
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Even though employment-at-will is the prevailing form of employment in the USA, there are laws to protect employees against unjust discrimination and harassment.
WrongfulTerminationSettlements.com was created as a compass for people who feel they have been terminated wrongfully, or discriminated against at their workplace.