Statute of limitations are rules passed by the governing administration as well as state governments. These sort of statutes establish the maximum time following an incident within which proceedings may be initiated.
Unlawful discharge cases usually have three categories of claims, with each falling under different statute of limitations. Being conscious of all time restraints is extremely important, seeing that litigation can be denied if started at a later time.
The Mississippi statutes (laws) of limitations are Mississippi Code § 15-1-1 et seq.
Statute of limitations by type of claim
In Mississippi, the statute of limitations on contractual claims is established by the state. The cutoff dates for oral contracts & written contracts may diverge.
- Oral contracts: 3 years
- Written contracts: 6 years
Federal law sets the statute of limitations on workplace discrimination claims, like constructive discharge, workplace retaliation, pregnancy, disability or race, color, national origin, religion discrimination.
- 180 days to file with EEOC
- 300 days if Mississippi law prohibits the discrimination as well
Mississippi local legislation establishes the statute of limitations on submitting tort (personal injury) claims, including deliberate infliction of emotional distress, defamation or discharge in violation of public policy.
- Tort claims: 3 years
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