Can the statue of limitations for wrongful termination be overlooked for any reason?

I was an employee/tenant. I was in the process of moving out because I lost my day job. My supervisor told me to take time off to find a place, not to worry about my shift they would get the temp agency to cover for as long as I needed. Met with her on 4 occasions to discuss having the rent taken from my paycheck and working full-time, she said she would have to check with her supervisor and let me know which she never got back to me. She and Maintenance entered my apt with keys to see if I had moved. the next day I received a term. letter back dated one month I had not moved or turned in keys.

Asked on November 29, 2011 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, a statute of  limitations can only be "tolled"--or extended--if

1) It took some time to discover the damages or injury, which would not apply to this situation (it usually applies to medical malpractice cases, where the injury is not immediately known or obvious);

2) The other party did something unfair to attempt to cause the statute to expire more quickly--such backdating documents;

3) There is another compelling reason to grant a litigant more time--for example, he was in the hospital for weeks or months, or on military deployment, and couldn't take action in  timely fashion.

 


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