How long do I have to file a claim?

Don’t Wait too long!

Did you know?…

Employment law claims have time limitations within which you must pursue your claims or you forfeit your right to do so. Listed below are certain legal causes of actions and their corresponding time limitations in Minnesota.

• Discrimination/Harassment: Under Minnesota law, one year from the date of the discriminatory act; under federal law, 300 days from the date of the discriminatory act. If you are a federal employee, claims must be filed under EEO guidelines. Consult your EEOC counselor. The time limitations are short – sometimes a matter of days.

• Failure to Pay Wages/Commissions: Two years from the date the wages are owed.

• Defamation: Two years from the date the defamatory statement was published.

• Breach of an employment contract: Two years from the date the contract was breached.

•Retaliation for report of discrimination: Under Minnesota law , one year from the date of the discriminatory act; under federal law, 300 days from the date of the discriminatory act.

•Retaliation for report of illegal activity other than discrimination: Under Minnesota law, two years from the date of the retaliatory act.

• Union/civil service grievance procedures: Examine your labor agreement. Limitations may be as short as a matter of days. It is important to understand that the time limitations may be shorter than what is listed below depending on policies and agreements you may have with your employer. Be sure to review these policies right away so that you do not miss a shortened deadline.

*THIS MATERIAL IS EDUCATIONAL ONLY. IT DOES NOT CONSTITUTE AND SHOULD NOT SUBSTITUTE FOR LEGAL ADVICE.

Bertelson Law Office – Union Plaza
333 Washington Ave. N. Suite 402 Minneapolis, MN 55401
Phone +1 (612) 278-9832
Fax (612)340-0190

beth@bertelsonlaw.com