How long after I lose my job can I file for wrongful termination?
I lost my job after working there 14 years because I called in sick in the same week my parents both died. I was a good worker and had been laid off and called back to work about a year before. Does this qualify as a valid wrongful termination claim? Is there a minimum length of time I have to wait before filing a claim for wrongful termination?
I'm just seeking any information you might be able to give. Thanks for your time!
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ANSWER for "How long after I lose my job can I file for wrongful termination?":
Steve (Minneapolis, MN):
In Minnesota there is a two (2) year statute of limitations within which one must file a civil claim for wrongful termination.
Before considering the viability of filing such a claim, you must consider whether or not a wrongful termination occurred, and if so, what your rights as a wrongfully terminated employee are.
If you were employed under a written contract of employment, and that contract sets out the grounds for a claim of wrongful termination, then you must look to the contract for your legal remedies. If the contract calls for termination for "good cause," then you must determine whether or not your termination was for good cause. If so, then you may have no legal remedies.
In the alternative, if you were not employed under a written contract, then you were likely working under an "at-will" employment agreement. As an at-will employee, your job can be terminated for just about any reason, short of discrimination.
Discrimination in the workplace occurs when an employee is wrongfully terminated, demoted, or not hired because of sex, ethnicity, age, religion, disability, or sexual preference. From the facts you present, none of those issues seems apparent.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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