Employees who believe they have claims against their employers or former employers need to consider how long they can wait before filing a formal claim, either in court or with an agency like the Equal Employment Opportunity Commission (EEOC), Minnesota Department of Human Rights (MDHR), or the Occupational Safety and Health Administration (OSHA). In discrimination or whistleblower cases, the statute of limitations (SOL) typically begins to run from the date an employee suffers an adverse action, like termination, demotion, or some other significant change in the terms and conditions of employment.
A Few Words on Statute of Limitations
The time to file can vary with the statute at issue and the jurisdiction in which an employee lives or works. For example, in most cases, the SOL for a discrimination claim under Title VII of the Civil Rights Act is 300 days in Minnesota. For a similar claim brought under the Minnesota Human Rights Act, however, it’s a bit longer – one year. Acting on an OSHA claim for whistleblower retaliation bumps up against a much shorter SOL, just 30 days. In Minnesota, a claim for breach of an employment contract generally has to be brought within two years.
Nuances of Title VII Claims
At least one court has ruled that the SOL for a Title VII claim cannot be reduced via a provision in an employment contract, but a recent decision from the U.S. Court of Appeals for the Fifth Circuit suggests it may be possible to cut back on the time to file other kinds of claims. For a so-called Section 1981 equal protection claim, the court in Harris v. FedEx Corporate Services, Inc. upheld a provision in the plaintiff’s employment contract that required she “bring [her] complaint within the time prescribed by law or 6 months from the date of the event forming the basis of [her] lawsuit, whichever expires first.” The Harris court did allow the plaintiff’s Title VII claim, but its ruling means that for many other claims, such as breach of contract, employees should consider the terms of their contracts as well as statutory SOLs when deciding how long they have to file.
Employment Related Legal Claims
The bottom line for employees who believe they have employment related legal claims is to consult with a lawyer as soon as possible. That’s especially true if they have any kind of written contract with their employer. At Schaefer Halleen we regularly advise clients on contract terms and represent them in cases involving things like discrimination, whistleblowing, or breach of contract. Feel free to give us a call if you have any questions.
