The timeframe for initiating an employment lawsuit varies by the lawsuit type and whether it falls under federal or state jurisdiction. For discrimination charges, federal law grants 180 days, extended to 300 days if state or local laws cover the same discrimination type. State-specific statutes of limitations apply to discrimination and employment contract breach suits. Typically, written contracts have longer limitations periods than oral contracts due to the reliance on documentary evidence. For defamation or wrongful termination suits alleging public policy violations, the statute of limitations depends on state law. In California, for example, the deadline for filing a wrongful termination lawsuit is two years from the termination date, as outlined in the Code of Civil Procedure section 335.1.

Misclassification of workers as independent contractors instead of employees can lead to severe penalties, either from intentional avoidance of tax and overtime obligations or misunderstanding of the distinction. Independent contractors typically exercise more independence, may serve multiple clients, use their own tools, and hire help. Conversely, employees work with employer-provided tools under more direct supervision. The Department of Labor emphasizes that the nature of the working relationship, including the work’s importance to the business, the permanence of the relationship, the worker’s autonomy, investment in equipment, and the degree of control over the work, determines employment status. Misclassified workers miss out on protections under the FLSA and other labor laws.

Employers not paying for all hours worked is a common issue, often manifesting subtly. For example, a restaurant requiring attendance at meetings or trainings on top of a regular shift without compensation, or not paying for standby time or travel to a worksite, breaches labor laws. Fear of job loss may deter you from asserting your rights, yet federal and state wage and hour statutes, including the Fair Labor Standards Act (FLSA), offer protection, mandating minimum wage for hourly employees and forbidding wage deductions below minimum wage or withholding final paychecks. If wage and hour laws are violated, you are encouraged to consult with an attorney promptly, as employers have substantial resources, including legal representation, at their disposal.

Discrimination or harassment by an employer based on protected characteristics such as race, gender, age, or religion is illegal. Some jurisdictions also protect sexual orientation and gender identity, though federal law’s protection extent for these categories is ambiguous. Absent a link between the employer’s actions and these characteristics, establishing a legal foundation for a discrimination or harassment claim might be challenging. However, with the introduction of workplace bullying legislation in many states, you might find legal recourse under these laws rather than traditional anti-discrimination statutes.

In nearly every state, employment is subject to “at will” conditions, meaning an employer can terminate your employment without needing a reason, just as you can resign at any time without reason. Montana is the exception to this rule. Nevertheless, across the nation, exceptions exist. A wrongful termination claim arises if your dismissal was for unlawful reasons, breached public policy, or contravened company policies. For instance, being dismissed after filing a complaint about racial discrimination with the Equal Employment Opportunity Commission (EEOC) constitutes wrongful termination. Similarly, if you’re terminated for refusing to engage in fraudulent activities or violate consumer protection laws while working for a debt collection agency, you may have grounds for a wrongful termination suit. Moreover, wrongful termination might not be the sole or suitable legal avenue. If you have a written employment contract promising termination only for just cause, and such cause is absent, a breach of contract lawsuit may be feasible. In certain scenarios, courts might recognize an implied employment contract breach if an employer fails to adhere to a stated employment duration.