Results 1 to 6 of 6

Hybrid View

  1. #1
    Join Date
    Dec 2011
    Posts
    2

    Default Statute of Limitations for Wrongful Termination

    My question involves labor and employment law for the state of: FLORIDA - I would like to know if there is a statute of limitations for wrongful termination in Florida? I was terminated on April 30, 2010. If there is not, I will write more about my situation.

  2. #2

    Default Re: Statute of Limitations - Wrongful Termination

    The statute of limitations depends on the underlying cause of action. What do you allege your former employer did wrong? What statutes, if any, do you believe your employer violated? Is it a common law claim? No one here can hazard even an educated guess without more input from you.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Statute of Limitations - Wrongful Termination

    To put it another way, yes, there is a statute of limitations for wrongful termination in every state. However, there is more than one kind of wrongful termination and, assuming that you were wrongfully termed at all (what most people consider a wrongful termination isn't), whether the SOL has expired depends on what kind of wrongful term it is.

    So we would need to know what happened before we could tell you (1) whether you have a wrongful term claim at all and (2) if you do, whether the SOL has expired or whether you still have the opportunity to take legal action.

  4. #4
    Join Date
    Dec 2011
    Posts
    2

    Default Re: Statute of Limitations - Wrongful Termination

    I do not know if my former employer violated any statutes. I believe my employer was able to get rid of me by using certain actions simply because he did not like me. I was told that the department in which I worked was 'restructuring'. However, after I left word (1 hr after I was called into the meeting) my former boss man had a meeting and informed the department heads of WHO he was moving into my job. It was a man that worked within the department. I had worked with this company for 37 years and never had one complaint until he came into the department. I was also asked to sign a Separation Agreement stating that I would pursue no legal activities against the Company. I hope I have shed enough light on the subject without going into GREAT detail.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Statute of Limitations - Wrongful Termination

    Based on what you have posted, the only possible wrongful termination claim you could make would be gender discrimination. Based on your post, it is unlikely, but not impossible, that you could have made this claim stick had you made it when it first happens. There does not seem to be any evidence, unless there is a great deal more that you have not posted, that after 37 years you were fired BECAUSE you were female and he was male.

    However, EVEN IF you could provide such proof, the window of opportunity to file a claim with the state of Florida expired in April of 2011, and the opportunity to file a claim with the EEOC expired well before that.

  6. #6

    Default Re: Statute of Limitations - Wrongful Termination

    I think cbg is correct here. A potential disparate treatment claim based on gender and/or age would have had to have commenced within either 300 days under federal law and (I think!) within a year under state law. Moreover, you appear to suggest you may have signed a separation agreement which would presumably bar you from suing your former employer for any matter related to your employment.

    In other states, similarly situated employees have advanced breach of public policy wrongful discharge claims contending that invidious employment discrimination violates state public policy. Unfortunately, as of a few years ago, the Florida courts did not recognize such a claim involving analogous public policy considerations.

    With that said, it may still be worth your time to speak with a local attorney knowledgeable in employment law matters. The employment law area remains in a state evolution. Sometimes, things that are true one year become false the next. While I do not believe you can advance a viable claim of any stripe under federal or state law at this late date, it may still be worth your time to run this matter by a Florida attorney familiar with the most up to date changes in state law.

    1. Sponsored Links
       

Similar Threads

  1. Medical Malpractice: Wrongful Death Statute of Limitations
    By spydrworks in forum Malpractice Law
    Replies: 5
    Last Post: 08-14-2011, 08:34 PM
  2. Business Disputes: Statute of Limitations and Partnership Termination
    By fishbait in forum Business Law
    Replies: 3
    Last Post: 05-16-2011, 12:02 PM
  3. Other Injuries: Statute of Limitations for a Wrongful Death Lawsuit
    By highlandsdave in forum Accidents and Injuries
    Replies: 5
    Last Post: 07-30-2010, 09:32 AM
  4. Getting Fired: When is Getting Fired a Wrongful Termination
    By cadtocam in forum Employment and Labor
    Replies: 1
    Last Post: 11-04-2008, 12:32 PM
  5. Getting Fired: Statute Of Limitations for Wrongful Termination
    By jab3759 in forum Employment and Labor
    Replies: 3
    Last Post: 12-27-2007, 03:18 PM
 
 
Sponsored Links

Legal Help, Information and Resources