After the emotional sting of a wrongful termination fades, practical questions arise: How long do I have to file a claim, and what is the statute of limitations for wrongful termination? Unfortunately, the clock starts ticking before most people realize it.
In Arizona, the statute of limitations for wrongful termination provides a strict deadline for filing claims, a critical marker for pursuing justice. If you miss it, your opportunity to hold your employer accountable may vanish.
Keep reading to learn more about Arizona’s statute of limitations for wrongful termination claims and how Shields Petitti & Zoldan, PLC, a law firm with decades of experience in Phoenix, can guide you through this maze of legal timelines to secure the justice you deserve.
What Is the Statute of Limitations for Wrongful Termination?
Under Arizona law, the statute of limitations for wrongful termination claims depends on your claim. For violations of federal laws like the Civil Rights Act or the Americans with Disabilities Act (ADA), employees must first file a charge with the Equal Employment Opportunity Commission (EEOC).
This filing must occur within 180 days of the wrongful act but can extend to 300 days, depending on certain circumstances. After receiving a right-to-sue letter from the EEOC, individuals have 90 days to initiate their lawsuit in court.
Claims based on Arizona state law often follow different rules. For example, if your termination violates the Arizona Employment Protection Act, you typically have one year from the date of the wrongful act to file a lawsuit. Contract-based wrongful termination claims may also have a one-year statute of limitations, but this can vary depending on the terms of the employment agreement.
These differing timelines underscore the importance of acting quickly and consulting experienced legal counsel. Missing these deadlines could permanently bar you from seeking justice, but working with a skilled wrongful termination attorney will help to ensure success.
Are There Any Exceptions to the Statute of Limitations for Wrongful Termination Claims?
While the statute of limitations for wrongful termination deadlines is strict, exceptions can sometimes extend them. For instance, under the “discovery rule,” the clock may not start until you knew or should have known about the wrongful act. This rule might apply in cases where the termination’s illegality wasn’t immediately apparent—such as discovering your firing violated whistleblower protection laws.
Additionally, equitable tolling may apply if you cannot file your wrongful termination claim within the given timeframe due to extraordinary circumstances, such as severe illness or misinformation from a regulatory agency. However, courts rarely grant these extensions, making it essential to act swiftly.
Usually, determining what the statute of limitations for wrongful termination is and whether any exceptions apply requires professional insight. Every case has unique factors, from the nature of the employer’s conduct to the statutes invoked.
Shields Petitti & Zoldan, PLC, excels at navigating these complexities, ensuring no critical deadline is overlooked. Contact us today, and let us help you determine and review your specific claim so you can meet all deadlines.
Act Before Time Runs Out
Failing to meet the statute of limitations for wrongful termination deadlines doesn’t just close the courthouse doors. It also diminishes your negotiating power. Employers are less likely to settle claims they know are time-barred, leaving you without recourse.
Luckily, you don’t have to navigate your wrongful termination claim alone. Shields Petitti & Zoldan, PLC, offers the experience, reputation, and results you need to pursue justice. Contact our Phoenix office today to schedule a consultation and take the first step toward reclaiming your rights.
Shields Petitti & Zoldan, PLC, Your Fierce Wrongful Termination Advocates
At Shields Petitti & Zoldan, we offer proactive strategies to ensure your case remains viable. With five decades of combined experience, we stand out as Phoenix’s premier employment law firm, as evidenced by our AV-Preeminent rating and Million Dollar Advocates Forum membership.
Recognized by Super Lawyers and featured on NBC News and AZ Central, we provide unmatched guidance for employees seeking justice in the face of wrongful termination. Our courtroom prowess and compassionate approach set us apart in Arizona’s legal landscape, resulting in nearly $25 million in settlements and verdicts for our clients.
Contact us today for a consultation, and let us explain how we can help ensure you have a viable wrongful termination claim.
Attorney Michael Zoldan provides legal counsel to individuals and small businesses throughout Arizona. Mr. Zoldan’s practice is based on aggressive and detail-oriented representation, focusing on employment discrimination, wage and hour disputes, harassment, and wrongful termination. Prior to forming Shields Petitti & Zoldan, Mr. Zoldan worked for numerous law firms where he had an opportunity to hone his litigation skills by working on multiple litigation cases at a time with some of the most skilled litigators in the state.
Loading...