Statute of limitations legislation establish the maximal period of time a person has got to start legal proceedings from the day of a claimed offense.
These sort of statutes are brought by state legislative organisations and the federal government.
The West Virginia statutes (laws) of limitations are West Virginia Code § 55-2-1 et seq.
Unlawful discharge cases usually have three categories of claims. Each one has different statute of limitations. Being aware of the following time constraints is critical, as litigation can be dismissed if commenced at a later time.
Statute of limitations by type of claim
Tort claims
West Virginia state legislation sets the statute of limitations on filing tort (personal injury) claims, such as defamation or premeditated infliction of emotional distress.
- Tort claims: 2 years
Contractual claims
In the state of West Virginia, the statute of limitations on contractual claims is set by the local government. The deadlines for written contracts and oral contracts may diverge.
- Oral contracts: 5 years
- Written contracts: 10 years
Discrimination claims
Federal government law sets the statute of limitations on employment discrimination claims, for instance pregnancy, race, color, national origin, religion discrimination, sexual orientation discrimination, constructive discharge or disability.
- 180 days to file with EEOC
- 300 days if West Virginia law prohibits the discrimination as well
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