What Are The Statues Of Limitations When Filing An Employment Claim?

In New Jersey, there are statutes of limitations for actions against your employer. If you miss these deadlines, you will be barred from recovering monetary damages for your losses. It is important for you to understand the statute of limitations for employment claims in New Jersey so that you can work to enforce your legal rights. The attorneys at Swartz Swidler may help to make sure that your claims are filed in time.

The relevant statute of limitations will depend on the type of claim that you have against your employer.

Discrimination and retaliation statute of limitations in New Jersey

The statue of limitations in New Jersey for retaliation or discrimination claims under the New Jersey Law Against Discrimination is two years from the date that the incident occurred. For example, if you complained about discrimination and your employer reacted by firing you, the date that you were terminated is the date on which the statute of limitations begins to run.

Hostile work environment statute of limitations in New Jersey

Harassment claims involving hostile work environments are treated differently because they involve ongoing actions that rise to a certain level of abuse. In New Jersey, courts use a continuing violation doctrine in order to determine when these claims will be time-barred. You will then have two years from the date that the final harassing action happens to file your lawsuit.

The Conscientious Employee Protection Act

If you are a whistleblower, you will have one year to file your retaliation claim under the Conscientious Employee Protection Act in New Jersey. It begins to run from the date of the retaliatory job action that forms the basis of your claim.

Family and Medical Leave Act and New Jersey Family Leave Act Claims

Under both the state and federal laws, you will have two years from the last date on which your employer violated the FMLA or the FLA to file your lawsuit.

Wage and hour claims

The Fair Labor Standards Act provides a two-year statute of limitations for wage and hour claims. In exceptional cases involving willful violations by the employer, the statute of limitations is extended to three years. New Jersey also provides for a two-year statute of limitations for wage and hour claims. Other types of claims have a six-year limitations period.

It is important to file wage and hour claims early. If you wait too long, the period of time for which you can recover back wages will be reduced.

Breach of union contract claims

Under Section 301 of the National Labor Management Relations Act, you may file a complaint against your union or your employer for breaching your union contract and the union’s breach of its duty of fair representation. In most cases, this involves situations in which workers believe that they were unfairly terminated and the union failed to pursue it either arbitrarily or with bad intent. the statute of limitations for these types of claims is only six months.

Contact Swartz Swidler today

If you believe that you have a valid claim against your employer, it is important for you to speak to an experienced employment lawyer as soon as possible. Contact Swartz Swidler to schedule your consultation.