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How Long Do You Have to File? Statutes of Limitations on Employment Claims

A strong claim is worthless if you file it too late. Every type of employment claim has a statute of limitations, a hard deadline after which the courts will not hear the case. These deadlines vary by the type of claim and the law you rely on, and some are surprisingly short. Acting early is the single best way to protect your rights.

Discrimination and harassment claims

Under the New Jersey Law Against Discrimination, you generally have two years from the discriminatory act to file in court, and no agency charge is required first. For federal claims under Title VII, the ADA, and the ADEA, you usually have 300 days to file a charge with the EEOC, and then only 90 days to sue after receiving a right to sue letter. New York's state and city human rights laws carry their own deadlines, often three years for many claims.

Wage and hour claims

New Jersey wage claims can generally reach back about six years
Federal wage claims under the FLSA usually allow two years, or three for willful violations
New York wage claims often allow up to six years

Whistleblower claims

Under New Jersey's Conscientious Employee Protection Act, you generally have one year to file a retaliation claim. That is shorter than many people expect, which makes prompt action especially important for whistleblowers.

Why the date of the act matters

The clock usually starts on the date of the wrongful act, such as the termination or the demotion, not the day you decide to do something about it. Some continuing violations can extend the period, but you should never count on that. Treat the earliest possible date as your deadline.

Do not wait

Because the deadlines differ and overlap, the safest move is to consult an employment attorney as soon as you suspect a problem. Filing on time under the right law keeps every remedy on the table.

At John J. Zidziunas & Associates, LLC, our employment lawyers represent employees in New Jersey and throughout the New York City area. To talk through your situation with an attorney, call (212) 516-1868 or reach out to us for a free, confidential consultation. We work on a contingency fee basis, so you pay nothing unless we recover for you.

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