Has the statute of limitations run out?
I was with Wal-Mart retail for at least 3 years as an overnight Stocker. During that time I became stressed out from the way the manager's ran our crew. I was doing the scheduled task time for a sometimes 19 hour job in 7and I got so upset from lack of sleep and anxiety I suffered a slight stroke and bells palsy one time in 2009 and again in 2011-12. My doctor advised me if I did not find another form of work I would suffer a massive stroke. This was between 2009-12 has the statute of limitations run out ?
1 answer | asked Jul 31, 2015 12:32 AM [EST] | applies to California
Answers (1)
There are many different statutes of limitation in law, depending on what the legal claim is.
If you are asking whether it's too late to pursue a constructive discharge claim (simply stated, constructive discharge is where an employer forces an employee to resign due to intolerable working conditions), then yes, you are too late because the statute of limitation is two years.
If you are asking about unpaid overtime or other wages, the statute of limitation is three years if the claim is filed in court or with the Division of Labor Standards Enforcement (Labor Commissioner), but if the wage claim is encompassed within a claim for violation of Business and Professions Code section 17200 (unfair competition), there is a four year statute of limitation to file in court. If the wage claim is based on a written agreemnt, the statute of limitation is four years.
If you are claiming personal injury, that claim is probably preempted by workers' compensation law. I do not practice workers' compensation law so you must check with a workers' compensation attorney to know for sure, but my understanding is that an employee must file a workers' compensation claim within one year of the date of injury AND before the employment ends, unless the employer is on notice of the injury or there has been medical treatment. Again, be sure to check with a workers' compensation attorney about this because I could be wrong.
If you have a personal injury claim – which is unlikely under the facts as you described them – the statute of limitation is two years, so you are too late.
If I've missed the claim you are thinking about, post again and perhaps we can answer.
posted by Marilynn Mika Spencer | Aug 1, 2015 7:45 PM [EST]
If you are asking whether it's too late to pursue a constructive discharge claim (simply stated, constructive discharge is where an employer forces an employee to resign due to intolerable working conditions), then yes, you are too late because the statute of limitation is two years.
If you are asking about unpaid overtime or other wages, the statute of limitation is three years if the claim is filed in court or with the Division of Labor Standards Enforcement (Labor Commissioner), but if the wage claim is encompassed within a claim for violation of Business and Professions Code section 17200 (unfair competition), there is a four year statute of limitation to file in court. If the wage claim is based on a written agreemnt, the statute of limitation is four years.
If you are claiming personal injury, that claim is probably preempted by workers' compensation law. I do not practice workers' compensation law so you must check with a workers' compensation attorney to know for sure, but my understanding is that an employee must file a workers' compensation claim within one year of the date of injury AND before the employment ends, unless the employer is on notice of the injury or there has been medical treatment. Again, be sure to check with a workers' compensation attorney about this because I could be wrong.
If you have a personal injury claim – which is unlikely under the facts as you described them – the statute of limitation is two years, so you are too late.
If I've missed the claim you are thinking about, post again and perhaps we can answer.
posted by Marilynn Mika Spencer | Aug 1, 2015 7:45 PM [EST]
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