Mo. Rev. Stat. § 516.120
Breach of Employment Contract
Violations of employment agreements.
Statute of Limitation in Missouri
The statute of limitations for filing a breach of employment contract claim is typically five years from the date of the breach.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the parties agree in writing to a different time limit; this modification may alter the standard period. Additionally, if there are any circumstances that prevent the injured party from filing, such as fraudulent concealment of the breach, this may extend the time allowed for filing a claim. Contact an attorney.
Example Scenario
If a breach of an employment contract occurs on February 1, 2023, the claim must be filed by February 1, 2028.
Understanding Statutes of Limitations in Missouri
The statute of limitations for breach of employment contract in Missouri acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Missouri 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 breach of employment contract after the 5-years period has expired, the defendant will likely file a motion to dismiss the case. In Missouri, 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, Missouri 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 Missouri 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 (5 years in this instance), potential liability is extinguished.
Can this be resolved in Missouri Small Claims court?