The statute of limitations in wrongful termination is the time limit for filing a legal claim after being unfairly fired. In Massachusetts, you can file a claim within 300 days of the date of termination of employment with MCAD and EEOC. If your claim can’t be resolved at this level, you may have 30 days or 90 days to file a civil lawsuit.
Missing this deadline can result in losing your right to sue. An experienced Boston wrongful termination lawyer can review your case and help you take legal action within the allocated timeframe.
How Long Do I Have to File a Claim for Wrongful Termination in Massachusetts?
In Massachusetts, the statute of limitations applies to filing wrongful termination claims. The amount of time you have depends on the unique details of your case. Below, we will take a closer look at a few different examples of wrongful termination. To learn the exact deadline that applies to your case, talk to our legal team.
Discrimination-Based Wrongful Termination
If you believe that discriminatory practices (such as bias based on race, gender, disability, or other protected characteristics) led to your termination from employment, you may file a complaint within 300 days with the Massachusetts Commission Against Discrimination (MCAD).
The MCAD is responsible for enforcing laws that prohibit workplace discrimination and providing a formal avenue for individuals to address grievances related to unfair treatment. Our attorneys will help you prove workplace discrimination.
Retaliation Claims
If you were fired in retaliation for asserting your legal rights (such as reporting workplace violations or filing for workers’ compensation), the statute of limitations is 300 days, similar to that for discrimination cases.
Breach of Contract and Common Law Wrongful Termination
If your wrongful termination is based on a breach of contract, you have 6 years to file a claim under Massachusetts General Laws Chapter 260, § 2. For wrongful discharge in violation of public policy, the time limit can vary based on the specifics of the case.
For a free legal consultation, call (860) 999-9394
Is There Both a State and Federal Deadline for Wrongful Termination Claims in Massachusetts?
In Massachusetts, there are both state and federal deadlines for filing wrongful termination claims, depending on whether the case involves violations of state or federal laws. Your wrongful termination lawyer will guide you through the process.
State Deadline
If you believe you were wrongfully terminated due to discrimination, you must file a complaint with the Massachusetts Commission Against Discrimination (MCAD) within 300 days of the discriminatory act.
Federal Deadline
If your wrongful termination involves violations of federal anti-discrimination laws, such as Title VII of the Civil Rights Act, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
The federal deadline is generally 180 days from the date of the wrongful act, but in states like Massachusetts, where there is a state agency (MCAD) that enforces anti-discrimination laws, this deadline is extended to 300 days.
Dual Filing Arrangements
Dual-filing arrangements between the EEOC and the MCAD allow individuals to file a single discrimination claim with either agency, and both will process the claim. This collaboration streamlines the complaint process for employees facing discrimination, as it ensures that the claim is investigated under both federal and state laws simultaneously.
When a charge is filed with MCAD, it may be “dual-filed” with the EEOC if it falls under federal jurisdiction, such as Title VII of the Civil Rights Act. Similarly, filing with the EEOC can trigger a referral to MCAD for cases involving state laws.
This arrangement prevents duplication of effort and helps claimants meet the varying statute of limitations for federal and state claims, ensuring that their rights are fully protected across both legal frameworks.
How Long Do I Have to Sue for Wrongful Termination in Massachusetts?
If MCAD or EEOC cannot resolve your claim, you may file a civil lawsuit against your employer. What path you take will impact the amount of time you have to file a lawsuit.
When these agencies are unable to resolve your claim, they will issue a “right to sue” letter. This letter essentially gives you the legal green light to pursue a civil lawsuit in court. After receiving the right to sue letter, you generally have 30 days (MCAD) or 90 days (EEOD) to file your civil lawsuit. Failing to file within this time can forfeit your right to pursue legal action.
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A Wrongful Termination Lawyer Will Help You Meet the Massachusetts Statute of Limitations
At Duddy, Goodwin & Pollard, we understand that facing termination of employment can be a distressing experience, particularly if you believe it was unjust or discriminatory. That’s why we treat each employment termination claim with the utmost urgency and care.
We recognize that the quicker you contact us, the more time we have to assess the situation effectively and strategize on your behalf. We will work closely with you to understand your unique circumstances. Contact us today to learn exactly how much time you have to file a wrongful termination claim in Massachusetts.
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