Wednesday, February 20, 2013

Statute of Limitations for Employment Cases



If you have a potential employment law claim against your employer, you only have so long before you can file it. This is called the statute of limitations, or the SOL.

The Nebraska Legislature enacted § 48-1118(2) as the statute of limitations for employment discrimination claims. § 48-1118(2) provides that "[a] written charge of violation of the Nebraska Fair Employment Practice Act shall be filed within three hundred days after the occurrence of the alleged unlawful employment practice...."

The Nebraska Wage Payment and Collection Act § 48-1228 et seq protects Nebraska workers from unauthorized deductions and requires employers to pay overtime and the wages agreed upon. Under the Nebraska Wage Payment and Collection Act, an employee must bring a claim within four years if he is going to. Neb. Rev. Stat. § 25-206.

Claims for employment discrimination (FEPA or Age) must be brought within 300 days
Employment claims for Equal Pay must be brought within 4 years

Filing with the Equal Employment Opportunity Commission will often toll or stop the clock on the statute of limitations.

You can file your claim with the federal Equal Employment Opportunity Commission (EEOC) by following the instructions on this website. http://www.eeoc.gov/employees/howtofile.cfm

You can also file with the Nebraska Equal Opportunity Commission. Follow the instructions here. http://www.neoc.ne.gov/

If you have questions about whether there is still time to file a claim against a previous employer, contact Madathil Law Office for a free consultation.

Madathil Law Office, LLC
Omaha Employment and Business Lawyer

1625 Farnam Street #830
Omaha, NE 68102

angela@madathil-law.com

http://www.madathil-law.com/

T: 402.577.0686

F: 402.932.9551

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