STATUTES OF LIMITATION AND HOW THEY WORK
A statute of limitations stands for a deadline of filing a lawsuit. In the state of California, lost lawsuits need to be filled within a specific time frame. When it runs out the legal claim no longer holds up in court and those looking to settle a dispute or initiate legal proceedings cannot continue.
Statutes of limitation are enforced to regulate the law system. It prevents filing lawsuits years after an accident occurred to take legal actions against a small crime, for example. If a person pursuing legal action does not complete the process at a given time, without an exception, the case is over. It can apply to the following:
- Personal injury cases – two years from documented injury, or one year from the date an injury discovered
- Breach of written contracts – four years from the date contract was broken
- Beach of oral contracts – two years from when contract was broken
- Property damages – three years from the day damage happened
- Claims against government agencies – claims should be filed within six months (occasionally one year) of the incident.
Cases involving severe crimes have no maximum period under the statute of limitations. It depends on the state, but crimes are normally murder-based, involve sex offenses, kidnapping or arson.
Age Discrimination & Statues of Limitation
Age discrimination involves treating an applicant or employee unfairly because of his or her age. In recent years, there has been blatant ageism toward employees over the age of 40, as new management looks for younger talent. According to The World Health Organization 600 million people are currently 60 years old and older. With a high percentage of baby boomers refusing early retirement, that could mean a higher influx of employees will be mistreated by their employer.
Age discrimination can come in many different forms. Some employers are pushing to move their company forward by using younger employees to be the face of the business. If you are a long-term employee who feels at risk of losing your job because of age discrimination, there are several signs to look for.
- Older employees are getting replaced by younger employees
- Getting fired
- Offered buyouts
- Overhear ageist comments
- Poor performance reviews
- Written records that suggest age discrimination
You may also consider the following questions:
- Are there promotions that you are missing out on?
- Is your company hinting at hiring younger employees?
- Have you been laid off recently, compared to younger employees with less experience than you?
- Is management trying to perpetuate stereotypes?
- Are you being treated worse or differently because of your age?
If you have experienced any of the signs listed or answered yes to any of the questions, you might be able to file a case against your employer. Depending on when you file a claim, there is a certain amount of time for you to reach a settlement. Finding an experienced lawyer for age discrimination in Los Angeles is the first step. Following a consultation your lawyer will establish next steps, as you may need to act immediately. It is never easy to make an official decision to pursue legal action. However, if you have been discriminated against you can take legal action that can result in significant compensation.
What Is The Statute Of Limitations On Discrimination Charges?
Age discrimination is not categorized as a severe case. The statute of limitations for age discrimination charges is 180 days. All claims serving as support against your case such as ageism, emotional distress, lost wages, or lost benefits must be done before the 180-day period. If you are unable to claim within the 180 days allowed you will not be able to continue building a case against the employer and company. In California, the Fair Employment and Housing Act (FEHA) offers protection for employee rights to protect older workers from age discrimination and unjust practices. Age discrimination laws and statutes of limitation vary per state. An employment attorney in Los Angeles will be able to help you get the justice that you deserve.
The Next Steps You Need To Take
If you feel that you were a victim of age discrimination, and have documentation to back up your claims, then you can begin the formal process. First, you must file a report against your employer to the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
If the DFEH or the EEOC believe you have a solid case, you can immediately move forward in the legal process. Talk to your lawyer and begin working on the details of your case. Determine what your employer has cost you through this age discrimination case and discuss how much should be owed to you. A lawsuit is never easy and can be very time-consuming, but having proper legal representation can eliminate some of the stress.