QUESTION
Is there a statute of limitations on filing a wrongful termination, if so are exceptions ever made due to mental illness state of mind?
Asked on Oct 28th, 2014 on Labor and Employment - Virginia
More details to this question:
In 12/2009 I notified my boss that I had just spoken with my Dr. and that effective immediately he was putting me on disability due to my mental illness. Due to my illness I did miss considerable time and was given written warnings upon which time I notified my boss of my diagnosis and was told that she would work with me as best she could. On a Wednesday I was having a very bad day with my depression/anxiety and called my psychiatrist who advised me to leave work and to inform my boss that he was effective immediately putting me on disability and to whom did he need to send the paperwork to. I was advised by my boss upon notification of Dr's orders that I needed to contact HR. I had her call HR and was told that they would get back to me. The next day, Thursday, I received a call from my boss stating that it was her intention to terminate my employment on Friday so my request for disability was no point. Until now, I have not been mentally able to file claim.
1 ANSWER
Depending upon the size of your employer, you might have had a claim under the Americans with Disabilities Act or the Family and Medical Leave Act. The statute of limitations on disability discrimination is 300 days in which to file a charge of discrimination with the EEOC. The statute of limitations on violations of the FMLA is 2 years from the violation. It appears that you are outside the window for either type of claim. Courts will “toll” the statute of limitations in certain limited situations, but it’s difficult to say whether your facts would meet the criteria. Please call us to schedule a consultation.
Answered on Nov 05th, 2014 at 1:58 PM