Federal regulations and also individual state statutes define exactly how long an individual can go to court after an alleged offense. These cutoff dates are specified by laws and regulations referred to as statutes of limitations.
The Rhode Island statutes (laws) of limitations are Rhode Island General Laws § 9-1-12 et seq.
Unlawful discharge incidents usually see 3 categories of claims, with each one falling under different statute of limitations. Knowing the time limitations is very important, as litigation is likely to be denied if initiated afterwards.
Statute of limitations by type of claim
Rhode Island state regulation determines the statute of limitations on filing tort (personal injury) claims, for instance termination in violation of public policy or defamation.
- Tort claims: 3 years
In Rhode Island, the statute of limitations on contractual claims is established by the state government. The deadlines for oral contracts and written contracts can diverge.
- Oral contracts: 10 years
- Written contracts: 10 years
Federal government legislation sets the statute of limitations on work discrimination lawsuits, for example constructive discharge, pregnancy, workplace retaliation, disability or gender discrimination.
- 180 days to file with EEOC
- 300 days if Rhode Island law prohibits the discrimination as well
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