Statutes of Limitation

• A statute of limitations refers to the period of time within which a person may file a lawsuit for a specific claim. This period of time begins on the date that the claim "accrued," i.e., the date that the wrongful action took place. If the petitioner files the case after the statute of limitation elapses, no court has jurisdiction to hear the claim.
  
  

Federal Claims

• Many federal wrongful discharge claims arise from an act of discrimination. The following federal statutes provide protection from such discrimination: Title VII of the Civil Rights Act ("Title VII", which prohibits discrimination on the basis of race, sex, national origin, or religion); the Age Discrimination in Employment Act ("ADEA", which prohibits discrimination on the basis of age); and the Americans with Disabilities Act ("ADA", which prohibits discrimination on the basis of disability).
  
  

The U.S. Equal Employment Opportunity Commission (EEOC)

• The U.S. Equal Employment Opportunity Commission (EEOC) enforces the laws under Title VII, the ADEA, and the ADA. To pursue a claim of wrongful discharge under these statutes, claimants must file the claim with the EEOC before the claim may be filed in court. In Ohio, the claimant must file the claim with the EEOC within 300 days of the date of the discriminatory act.
  
  

EEOC investigation

• Once an individual files a claim with the EEOC, the EEOC will investigate the claim to determine if a violation occurred. If the investigation concludes in a finding of discrimination, the EEOC will attempt to settle the matter between the parties. If the claim is settled successfully, the claimant my not file this claim in federal court. If the claim is not settled, the EEOC may decide to file suit in federal court on the claimant's behalf. If the EEOC decides not file, it will notify the claimant, who may then file suit in federal court within 90 days.
  
  If the investigation concludes with the finding that no discrimination occurred, the EEOC will dismiss the claim and give the claimant a "right to sue" letter. The claimant may then choose to file suit in federal court within 90 days of receiving the "right to sue" letter.
  
  

Ohio Claims

• The Ohio Revised Code sets out the statutory period for filing certain wrongful discharge claims.
  
  The Code prohibits any employer from terminating an employee on the basis of race, color, religion, sex, military status, national origin, disability age or ancestry. To file a wrongful discharge claim for discrimination under the Ohio Code, the petitioner must file the claim with the Ohio Civil Rights Commission within six months of the date that the discrimination occurred.