Statutes of limitations are actually restrictions enacted by the united states government in addition to state legislative bodies.
All of these laws establish the the highest possible period of time after an event within which proceedings may be initiated.
The New Mexico statutes (laws) of limitations are the New Mexico Statutes § 37-1-1 et seq.
Wrongful termination incidents usually see 3 types of claims. Each has unique statute of limitations. Being conscious of these time limits is very important, seeing that litigation might be dismissed if initiated later.
Statute of limitations by type of claim
Discrimination claims
Federal law sets the statute of limitations on employment discrimination claims, including sexual orientation discrimination, age discrimination, race, color, national origin, religion discrimination or constructive discharge.
- 180 days to file with EEOC
- 300 days if New Mexico law prohibits the discrimination as well
Contractual claims
In the state of New Mexico, the statute of limitations on contractual claims is laid by the state. The deadlines for oral contracts & written contracts can diverge.
- Oral contracts: 4 years
- Written contracts: 6 years
Tort claims
New Mexico state legislation establishes the statute of limitations on submitting tort (personal injury) claims, including premeditated infliction of emotional distress or discharge in violation of public policy.
- Tort claims: 3 years
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