How long are the statutes of limitations?
One major weakness in many statutory whistleblower protection laws is the short statute of limitations. Failure to comply with a statute of limitations is one of the favorite defenses in whistleblower cases, and the statute is generally held to start at the time an employee learns that he or she will be retaliated against- not the last day of employment. Each state has its own statute of limitations for common law wrongful termination actions. Federal statutes protecting whistleblowers also have their own statutes of limitations, some as short as thirty days. What are the remedies? The decision on how to pursue the claim will determine what statute of limitations is applicable, the types of damages that are recoverable, and in what forum the claim will be adjudicated. In some states, if the employee is covered by a federal statute, the employee may be preempted from bringing a state action. Some employees have filed for both administrative and common law remedies. Although this approac
One major weakness in many statutory whistleblower protection laws is the short statute of limitations. Failure to comply with a statute of limitations is one of the favorite defenses in whistleblower cases, and the statute is generally held to start at the time an employee learns that he or she will be retaliated against- not the last day of employment. Each state has its own statute of limitations for common law wrongful termination actions. Federal statutes protecting whistleblowers also have their own statutes of limitations, some as short as thirty days.What are the remedies? The decision on how to pursue the claim will determine what statute of limitations is applicable, the types of damages that are recoverable, and in what forum the claim will be adjudicated. In some states, if the employee is covered by a federal statute, the employee may be preempted from bringing a state action. Some employees have filed for both administrative and common law remedies.
