What is the statute of limitations for wrongful termination?

Posted 06-09-2010

Ann Kiernan replies:

There is no federal statute on wrongful termination; this area of the law is state-by-state. So, it depends on what state you are working in. It also depends on the kind of claim you are bringing. For instance, if you are claiming a breach of contract, most states have a six-year statute. For libel or slander, many states have a one-year or even shorter time limit. But for “general” wrongful termination, two years is common. Please make sure you check with a local employment lawyer to get the right information for your particular situation.


Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.