Ala. Code § 25-5-11
Wrongful Termination
Claims that an employee was fired illegally or unfairly.
Statute of Limitation in Alabama
The statute of limitations for filing a wrongful termination lawsuit is typically two years from the date of the termination.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the termination was based on a violation of public policy or if the employee is a whistleblower; in such cases, additional protections may apply, and the time limitation might vary. Contact an attorney.
Example Scenario
If an individual is wrongfully terminated from their job on March 1, 2022, they must file their lawsuit by March 1, 2024.
Understanding Statutes of Limitations in Alabama
The statute of limitations for wrongful termination in Alabama acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Alabama state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for wrongful termination after the 2-years period has expired, the defendant will likely file a motion to dismiss the case. In Alabama, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Alabama law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Alabama serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (2 years in this instance), potential liability is extinguished.
Can this be resolved in Alabama Small Claims court?