Were you fired and think it was illegal?
When most people get laid off, there’s one thing they think about before anything else. The money. They want to know how much they’re getting paid in a wrongful termination settlement.
Here’s the problem:
None of that will matter if you don’t file by the deadline. Fall behind by one day and your case can get dismissed. No hearing. No settlement. Nada.
The clock starts ticking the day you are fired.
Nor does it take a break just because you are stressed out, busy or looking for another job.
This chapter will explain how filing deadlines are applied and how to preserve your claim.
Let’s jump in!
What’s inside:
- Why Filing Deadlines Matter So Much
- The Key Deadlines You Need To Know
- How Timing Affects Your Wrongful Termination Settlement Amount
- 4x Steps To Protect Your Claim
Why Filing Deadlines Matter So Much
A filing deadline (or statute of limitations) is the length of time you have to file a legal claim.
Imagine justice as a closing door. Step through it in time and you have your chance at justice. Wait too long and the door shuts forever.
Courts and agencies enforce these deadlines strictly. Judges will not usually bend. It doesn’t matter how compelling your evidence may be…
A late claim is usually a dead claim.
This is why timing is one of the largest reasons for any wrongful termination settlement amount. Employers and their attorneys know the rules better than anyone. If they can show you filed late they don’t have to give you anything. And if you are nearing a deadline they know you have less negotiating power at the settlement table. Contacting a knowledgeable Texas wrongful termination lawyer early can ensure you preserve your claim before time expires, and maintain the value of your settlement.
Pretty important, right?
The Key Deadlines You Need To Know
Statutes of limitations apply to every employment claim. The claim type, law, and state you reside in will determine the rules.
The EEOC Charge Deadline
The vast majority of discrimination and retaliation claims must be filed with the Equal Employment Opportunity Commission (“EEOC”) prior to filing a lawsuit in court.
The basic rule is easy to remember. You have 180 days from your termination date to file a charge, counting calendar days. If your state has a law similar to Title VII and a state agency that enforces that law, you have 300 days.
Texas is one of them states. Therefore, most Texas workers have 300 days to file with the EEOC.
But here’s the catch…
You only have 180 days to file a state claim with the Texas Workforce Commission Civil Rights Division. Many folks think they have a longer deadline for everything. They don’t.
The Right To Sue Deadline
After the EEOC processes your charge, you will receive a Notice of Right to Sue.
This is where a lot of people slip up.
You have only 90 days from the date you receive that notice to file a lawsuit in court. 90 business days, no. 90 calendar days. If you miss the deadline your claim will be forfeited even if you filed your charge within the time limit.
Other Claims With Different Clocks
Not every claim runs through the EEOC. Some have their own rules, such as:
- Equal Pay Act claims: 2x years from the date of the last paycheck you should have received but didn’t (3x if willful)
- Unpaid wage claims: Usually 2x to 3x years under federal law
- Breach of contract claims: Depends on your state and the type of contract
How Timing Affects Your Wrongful Termination Settlement Amount
Here’s something most people don’t realise…
Meeting deadlines doesn’t just prevent dismissal of your case. It can also add value to your case.
Why?
Evidence disappears quickly. Emails are deleted. Coworkers move on. Memories fade. The sooner you act, the more evidence you can collect while it’s still fresh.
Strong proof = A bigger wrongful termination settlement amount.
There’s also billions of dollars at stake. The EEOC recovered $660 million for workers last fiscal year alone. The vast majority was given back through mediation and settlements before trial.
Yet there’s a lot of noise to cut through. That same year, the agency received 91,503 new discrimination charges. When you have that volume of claims working through the system, if yours is well-documented and timely, it rises above the rest.
Think about it:
An employer with a new claim and good evidence has every incentive to settle. An employer with a soon-to-expire claim has every incentive to drag their feet. Time is on their side, not yours.
4x Steps To Protect Your Claim
The good news? Securing your claim is easy. You just have to act fast and be organised.
Here’s what to do.
1. Write Down Your Termination Date
This is your starting date for nearly every deadline. Write it down where you won’t lose it. Then calculate your 180 day and 300 day dates on a calendar. That way you will know precisely how much time you have.
2. Gather Your Evidence Right Away
Start collecting anything that supports your claim. That includes:
- Emails and text messages
- Performance reviews
- Pay stubs
- Your termination letter
- Names of any witnesses
Store copies at home, not on a work computer or company phone. You will probably be locked out of those the second you step out the door.
3. Don’t Sign Anything In A Hurry
Many employers will give you a severance agreement during your exit. These typically contain a provision where you can’t sue in the future.
Read the fine print. Consult an attorney before signing anything. That hesitation could save you thousands.
4. Speak With An Employment Lawyer Early
An employment attorney can advise you what deadlines apply, what claims you have, and the value of your case. Most will provide an initial consultation free of charge.
The Bottom Line On Beating The Clock
Deadlines for filing your claim are one of the least understood (yet crucial) aspects of any employment claim. They can kill your claim before you even get started.
To quickly recap:
- The EEOC deadline is 180 days, or 300 days in states like Texas
- Texas state claims have a shorter 180-day window
- You get 90 days to sue after a Right to Sue notice
- Acting fast protects your evidence and your wrongful termination settlement amount
Recall… The law favors the diligent. Calendar your deadlines, collect your evidence, and seek counsel soon. Your future self will thank you for it.
Frequently Asked Questions
What is the average wrongful termination settlement amount?
There is no one magic average. It depends on many things like how much money you lost at work, how strong your evidence is, what type of claim you have, and in what state you live. The cases that are filed timely and with rock-solid proof settle for the highest amounts.
When does the filing deadline start?
Typically, the clock begins on the date of the unfair action (i.e. your termination). Not when you became suspicious that it may have been illegal.