Can You Still Sue for Wrongful Termination After 8 Years?

The legal system in many jurisdictions has strict time limits for filing claims, known as statute of limitations. If it's been over eight years since you were fired, you may wonder if it's too late to seek justice.

Statute of Limitations

The statute of limitations for wrongful termination varies by state but is typically a short period, such as 180 to 365 days from the date of termination. In 2012, if you were fired, the statute of limitations would have expired long ago, making it highly unlikely that you can still sue.

Legal Barriers

Even if the statute of limitations has not yet expired, there are other legal barriers such as the equitable doctrine of laches. This doctrine can be invoked by an employer to bar a plaintiff from bringing a legal action that would otherwise be timely. The employer might claim that you waited too long to file a lawsuit and by doing so, you have waived your right to bring the claim.

Laches

The doctrine of laches is based on principles of fairness. It holds that if a plaintiff unreasonably delays in pursuing a legal claim, they forfeit their right to relief. If it has been eight years since your termination, your case would likely be barred on this ground.

Another factor to consider is your employment discrimination claim with the EEOC. The EEOC processing period typically has specific rules for filings and the statute of limitations for employment discrimination claims is also short, often similar to wrongful termination cases. If your case was not timely filed with the EEOC, your subsequent lawsuit might be barred.

Why You May Have Waited

While eight years is a significant period, there could be valid reasons for delaying legal action. Misery loves company, so if you felt alone or unsure about the strength of your case, you might have waited. However, the longer you wait, the harder it is to gather evidence and witness testimony.

Conclusion

In most states, the legal doctrine of laches can bar your claim if it has been too long since your termination. It’s important to consult with a lawyer to understand your specific situation. Legal advice must come from a competent, retained attorney, who is aware of all the facts and can provide an informed opinion.

Remember, while Quora and similar forums can be informative, they should not be relied upon as a legal substitute. Seek professional legal counsel for detailed information and guidance specific to your circumstances.