{"id":1724,"date":"2018-03-06T18:32:01","date_gmt":"2018-03-06T18:32:01","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/?page_id=1724"},"modified":"2023-11-14T19:12:11","modified_gmt":"2023-11-14T19:12:11","slug":"how-long-file-wrongful-termination-lawsuit","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/blog\/how-long-file-wrongful-termination-lawsuit\/","title":{"rendered":"How Long Do You Have to File a Wrongful Termination Lawsuit?"},"content":{"rendered":"

Introduction<\/h2>\n

Every state in the US (except Montana) has \u201cat-will<\/a>\u201d employment laws that give employers the freedom to terminate employees at any time, for any reason. In fact, employers aren\u2019t even required to offer a reason for an employee\u2019s termination. While this doesn\u2019t provide much protection for employees, there are four exceptions that qualify for wrongful termination and open the door for civil claims against the employer:<\/p>\n

    \n
  1. When an employee is terminated due to race, color, national origin, gender, religion, pregnancy, age, or disability<\/li>\n
  2. When an employee is terminated in retaliation for participating in a protected activity<\/li>\n
  3. When an employer breaks an employment contract<\/li>\n
  4. When an employee is terminated in violation of public policy<\/li>\n<\/ol>\n

    Discrimination claims<\/h2>\n

    Employers are prohibited from terminating an employee on the basis of race, color, national origin, gender, religion, pregnancy, age (over 40), or disability. All of these classes are protected by both state and federal law. If you have been wrongfully terminated due to discrimination based on any of these protected classes, you\u2019ll need to file a formal complaint with the state and\/or the federal government. It\u2019s not necessary to file a complaint with both, as the agencies involved have a file-sharing agreement if you wish to pursue cross-claims with both the state and federal agencies.<\/p>\n

    The US Equal Opportunity Employment Commission (EEOC<\/a>) is the federal agency charged with administering and enforcing anti-discrimination laws in the workplace. The EEOC operates under the federal employment laws established by Title VII of the Civil Rights Act (Title VII<\/a>), the Pregnancy Discrimination Act (PDA), the Age Discrimination in Employment Act (ADEA<\/a>), and the Americans with Disabilities Act (ADA<\/a>). You have 300 days to submit a claim with the EEOC through their website.<\/p>\n

    In the state of Arizona, the Civil Rights Division (CRD<\/a>) of the Attorney General\u2019s Office administers and enforces the state\u2019s anti-discrimination laws in the workplace. The CRD operates under the Arizona Civil Rights Act. You have 180 days to submit a claim with the CRD, and you\u2019ll need to file a complaint in person at one of their local offices.<\/p>\n

    Regardless of which agency you choose to work with, the process is fairly similar once you\u2019ve submitted the complaint. You\u2019ll have the opportunity to meet for an interview with a local agent who will assess the merit of your complaint. If the agent believes there has been an infraction, the agency will launch a formal investigation. Assuming the investigation finds sufficient evidence of discriminatory practices, the agency can either reach a settlement agreement with the employer, or they can pursue justice through litigation in court. Either way, you will be entitled to a portion of the settlement or court judgement.<\/p>\n

    Of course, you also have the right to seek compensation for damages from your employer through civil action. Begin the process by scheduling a consultation with an employment law attorney. The attorney will review your case, calculate the value of potential damages, and file a lawsuit against the company in state or federal court. Keep in mind that you\u2019ll need to file the civil lawsuit within 30 days of your formal complaint with the EEOC or CRD.<\/p>\n

    Retaliation claims<\/h2>\n

    Retaliation claims (i.e. whistleblower protection) generally fall under the umbrella of discrimination claims. Federal and state laws prohibit employers from retaliating against employees who engage in protected activities such as:<\/p>\n