Statute of Limitations

How Long Do I Have to File a Claim?

Statute of Limitations for Minnesota Employment Law Claims

Under the law, you must begin a legal proceeding to assert your claims within certain designated periods (called “statutes of limitations”) or you forfeit your claims.  You might be surprised to learn that the statute of limitations to pursue many common employment law claims is very short.  The chart below highlights the applicable statute of limitations for many common employment law claims in the State of Minnesota.

Type of Claim Minnesota Statute of Limitation (Deadline) Federal Statute of Limitation (Deadline)
Discrimination (age, disability, race, color, national origin, sex, etc.) One (1) year from the act of discrimination 300 days from the act of discrimination
Harassment (sexual harassment, racial harassment, etc.) One (1) year from the act of discrimination 300 days from the act of discrimination
Retaliation for Reporting Discrimination or Harassment One (1) year from the act of discrimination 300 days from the act of discrimination
Unpaid Wages, Unpaid Commissions, Overtime Two (2) years from the date the wages should have been paid; Three (3) years if the failure to pay was willful Two (2) years from the date the wages should have been paid; Three (3) years if the failure to pay was willful
Breach of Employment Contract Most likely two (2) years from the date the contract was breached if the action is primarily to recover unpaid wages; possibly longer in other situations N/A
Defamation Two (2) years from the date the defamatory statement was made N/A
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The Minnesota wrongful termination law firm of Trepanier MacGillis Battina P.A. in Minneapolis, Minnesota represents both individual employees and employers in wrongful termination disputes, wrongful termination charges of discrimination, wrongful termination complaints, grievances, investigations, Minnesota wrongful termination lawsuits and litigation.  Our Minnesota wrongful termination attorneys can handle claims involving Minnesota employment discrimination, harassment, hostile work environment, Minnesota employment termination, Minnesota wrongful termination, Minnesota wrongful discharge, and Minnesota constructive discharge from employment.  We have handled claims involving race discrimination, national origin discrimination, ancestry discrimination, ethnicity discrimination, sex discrimination, sexual harassment, pregnancy discrimination, pregnancy harassment, age discrimination, disability discrimination, failure to offer reasonable accommodations, religious discrimination, religious harassment, creed discrimination, marital status discrimination, veteran status discrimination, sexual orientation discrimination, FMLA discrimination, Minnesota whistleblower discrimination, Minnesota employment retaliation, Minnesota employment interference, and Minnesota reprisal discrimination in the Minnesota cities of Minneapolis, St. Paul, Apple Valley, Blaine, Bloomington, Brainerd, Brooklyn Park, Burnsville, Coon Rapids, Duluth, Eagan, Eden Prairie, Edina, Lakeville, Mankato, Maple Grove, Minnetonka, Moorhead, Plymouth, Richfield, Rochester, St. Cloud, Stillwater, Twin Cities, Woodbury and other cities within the State of Minnesota (MN) (Minn.).  Contact our Minnesota wrongful termination law firm today.