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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15655
Experience:  Employment/Labor Law Litigation
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What are the Statute of Limitations to file suit on an employer

Resolved Question:

What are the Statute of Limitations to file suit on an employer (most recent former employer) for a "Hostile Work Environment" and "Breach of Contract" in the state of TN. and FL? I was hired by my former employer in the state of Florida where their Corporate Office is located. I was a Corporate employee (Regional & Operations Executive), however my Operations office was located in TN. I had paychecks coming from both TN. and FL until approximately mid 2008. I began my job on 5-1-06 and even had paychecks coming from NC. for approximately 8 months out of the 3.5 years I worked for them due to a new property acquisition in NC. My job was to build and manage a portfolio of apartment rental communities. I did everything, including but not limited to all Due Diligence processes, Pre-takeover and Post-Takeover of all 7 properties throughout 3.5 years and in 3 states, i.e. FL., NC and TN. I did up to 7 dept. jobs by myself and was forced to work in a hostile environment. The employ. contra
Submitted: 4 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 4 years ago.
For hostile work environment (which must be based on race, religion, gender, age, disability or FMLA use), you have 300 days from the date of termination or last harassment to file a claim with the EEOC. If you don't then you lose the right to file a hostile work environment claim.

In Florida the breach of contract statute of limitations is 5 years. In Tennessee, it is 6 years.

Customer: replied 4 years ago.

Two things..........

1) Why does a hostile work environment have to fall into race, religion, etc.? I thought a hostile work environment was simply the employer making it unreasonably difficult to do your job by his/her behavior towards you. The work environment I was forced to work with was constantly interfering with my job and my ability to supervise my employees. It caused me severe distress and became so stressful, I had to go on anti anxiety medication.

 

2) There was also a Breach of Contract question and the limitations to file suit on that basis. Again it is confusing because I worked for the corporation located in FL., but also worked and was paid for by one specific property where my office was located in TN. which was then billed back to the other properties located in TN., NC and FL.

Expert:  Allen M., Esq. replied 4 years ago.
1. This is a common misconception. The United States Supreme Court has held that there is not such thing as hostile work environment without an illegal motivation such as race, religion, gender, age, disability or FMLA use. Otherwise, it is just generalized harassment which is not presently illegal as "hostile work environment."

2. I told you what the statute of limitations was for the breach of contract issue. If your contract though did not say that you could only be terminated "for cause" then it's really not an employment contract that gives you any legal recourse. I didn't see any additional question about your contract and still don't.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15655
Experience: Employment/Labor Law Litigation
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