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10:55 p.m. • 2-12-12

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Attorneys On Call

From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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hat is the statute of limitations on action regarding wrongful termination by an employer?
Question: What is the statute of limitations on action regarding wrongful termination by an employer? After 2 hearings with the ESC, it was  determined that there was no basis for the termination.

Answer: I can't give you a fixed figure. It depends on the type of suit and employer. Is this a discrimination matter, harassment, government employer, basic tort or some combination. EEOC complaints have different time limitations in the public and private sector.

You should act quickly by consulting with an employment lawyer who will go over your fact pattern in detail. You should gather all your document and prepare a good and unbiased fact pattern summary of your case. A wise employment lawyer will use your documents to speed up and improve her or his review of your case.

Don't be confident that an ESC determination will help you. By law, it can not be used in your employment law case. Further, the very language of your e-mail tends to undercut your case. Meaning: At-will employers have no obligation to have reasons for firing you so when you say that "there was no basis for the termination," the response by the employer's attorney might be so what they did not have to have a reason. For your case to be successful, you have to show the employer violated some duty set out in law.
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