National legislation together with individual state statutes limit the length of time someone can institute legal proceedings after an offense. These deadlines are actually specified through legislation generally known as statutes of limitations.
The Virginia statutes (laws) of limitations are Code of Virginia § 8.01-228 et seq.
Unlawful termination incidents ordinarily see three categories of claims, with each having different statute of limitations. Being conscious of these time restraints is extremely important, seeing that a lawsuit may be dismissed if commenced at a later time.
Statute of limitations by type of claim
Contractual claims
In the state of Virginia, the statute of limitations on contractual claims is laid by the state. The cutoff dates for written contracts and oral contracts can differ.
- Oral contracts: 3 years
- Written contracts: 5 years
Discrimination claims
National law establishes the statute of limitations on work discrimination claims, including disability, pregnancy, gender discrimination or race, color, national origin, religion discrimination.
- 180 days to file with EEOC
- 300 days if Virginia law prohibits the discrimination as well
Tort claims
Virginia local regulation sets the statute of limitations on filing tort (personal injury) claims, for instance defamation or firing in violation of public policy.
- Tort claims: 2 years
Did you get wrongfully terminated?
WrongfulTerminationSettlements.com provides information to guide you to resolve the wrongdoing.
How much could your case be worth? Review wrongful discharge lawsuits along with verdicts from Virginia >>
To determine if you have a claim, take a look at the most typical wrongful firing reasons >>
