Statute of limitations are legislation passed by the federal government and state legislative bodies. These sort of statutes establish the the highest possible period of time following an incident inside which legal proceedings can be initiated.
Unlawful discharge cases typically have three types of claims. Each one has different statute of limitations. Knowing the time limits is extremely important, as litigation can be denied if commenced at a later time.
The Iowa statute (law) of limitations is Iowa Code § 614.1 et seq.
Statute of limitations by type of claim
Iowa local regulation establishes the statute of limitations on filing tort (personal injury) claims, for example deliberate infliction of emotional distress or firing in violation of public policy.
- Tort claims: 2 years
In Iowa, the statute of limitations on contractual cases is laid by the local government. The deadlines for written vs oral contracts may diverge.
- Oral contracts: 5 years
- Written contracts: 10 years
National legislation sets the statute of limitations on work discrimination claims, like workplace retaliation, sexual orientation discrimination, pregnancy, constructive discharge or disability.
- 180 days to file with EEOC
- 300 days if Iowa law prohibits the discrimination as well
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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.
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