is there a statue of limitation for a wrongful discharge casewhile on medical leave?

UPDATED: Sep 27, 2016

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is there a statue of limitation for a wrongful discharge casewhile on medical leave?

located in Illinois
fired while on medical leave dr provided medical information.
a unemployment hearing was held with a law judge who ruled in my favor.

Asked on September 27, 2016 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are alleging that you were fired because of a medical condition or disability, in violation of the ADA, you have 180 days (basically a year and a half) from the wrongful discharge to file your discrimination claim. If you claim you were fired in violation of an oral (unwritten) agreement or contract, you have 5 years; and if you claim you were fired in violation of a written employment contract, 10 years.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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