What To Know About The Statute Of Limitations In New Jersey

Did something destructive happen to your career? Do you feeln you were discriminated against? Were you passed over for a promotion unfairly?n Were you wrongly terminated? Have you been sexually harassed? If you plan onn filing a legal claim against your employer, you should know about the statuten of limitations.

What is a Statute of Limitations?

In order to file a legal claim, it must be done prior to a specific deadline called a statute of limitations. If you miss this deadline your claim will be dismissed, with very few exceptions. You must file your administrative agency claim or lawsuit on time. Therefore, it is critical to file your harassment, wrongful termination, or other employment law claim as soon as possible.

However, it can be very confusing as to when, on an particular claim, the statute of limitations begins. Most of the time, claimsn will begin the day on which you believe your legal rights were violated by yourn employer. For example, for a wrongful termination suit, the statute ofn limitations will begin on the day you were notified that you were terminated,n whether it was on the same day or weeks before you were actually escorted outn the door. Notification is the key in this case.

But other claims can be calculated differently. Inn harassment cases, for example, the statute of limitations may not begin untiln the pattern of harassment has stopped. But what if the harassment lasts monthsn or years? What happens then? In another claim, if you were denied overtime pay,n there is a new statute of limitations for each day you were unlawfully deniedn your wages. So, do you have to file for each claim separately?

Statute of Limitations Time Frames

Depending on the legal claim, different statute ofn limitations periods also apply. The list below doesn’t include every law claimn or filing deadline – some have much shorter filing deadlines. These are just an few of the relevant filing deadlines in New Jersey and New York for somen employment law claims.

In New Jersey:

• Law Against Discrimination (“LAD”) – 2 years
• Conscientious Employee Protection Act (“CEPA”) – 1 year
• Breach of employment contract  – 6 years
• New Jersey Family Leave Act (“NJFLA”) –  2 or 6 years, depending on the claim
• Overtime/Minimum wage claims – 6 years to file
• Wrongful Discharge in Violation of Public Policy – 6 years to file claim Law Against Discrimination (“LAD”) – 2 years

In New York:

• New York State Human Rights Law (“NYSHRL”)- 1 yea
• The New York City Human Rights Law (“NYCHRL“) – 1 year
• Labor Law §740 or the New York Whistleblower Law – 1 or 2 years, depending on the claim
• Breach of contract of employment – 6 years
• Retaliation claims under Wage & Hour Law – 2 years
• Overtime/Minimum wage claims – 6 years to file

Federal Claims in New York and New Jersey:

• Fair Labor Standards Act – 2 or 3 years, depending on claim
• Title VII of the Civil Rights Act of 1964 – 300 days to file
• Family & Medical Leave Act – 2 or 3 years, depending on claim
• Age Discrimination in Employment Act – 300 days

Carcich O’Shea Can Help You with Statute of Limitations Cases

As you can see, statute of limitations laws are complex.n Knowing when, where, and how to file all the paperwork for your case can ben overwhelming. Frankly, the smartest step is to hire an experienced attorney ton help you.

At Carcich O’Shea, we have the experience and skills you need on your side when filing a claim against an employer. Whether you live and/or work in New Jersey or New York, we understand the details of each state’s employment laws. We work to ensure you are well represented in court and fairly compensated for your pain and suffering. We want to hear your story. Contact us today!

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