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how long can a person sue for wrongfully firing

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jusclaandus

Junior Member
What is the name of your state?maryland

how long does a person have to file a wrongfully termination suit is there a statue of limitation
 


cbg

I'm a Northern Girl
Yes, there is. But how long that SOL is depends on what type of wrongful term you believe you have. You will need to provide more details to get an answer.
 

jusclaandus

Junior Member
maryland

i was nine months pregnant a day before my fmla was to start i was fired

i was told i was fired because i had to many vehicle accidents my job was armored car transporter i was the first woman to get pregnant while working there the manangment did'nt no what to do with me since my job required having lifting and such anyway the old manangement was nice enough to but me in the back doing a up date of the system when i was about 6 months pregnant or so i'd drive out on the trucks every now and than Just to drive not to carry any money or wear a gun


any way when the old management was fired the company sent down there compliance officer to fill in until they hired new management and he fired me a day before i was to start my leave i had reached 9 months that day and was considerted due

my letter he gave me said i had to many accidents i did have 7 accidents But i was never written up for them only given a warning for the first but nothing else for any of the rest 6 accidents happened while while i was pregnant and driving on the truck nothing major just mis judgements while driving and my last accident was'nt even my fault a old guy ran into the truck while i was at a light the guy fired me even before they got back the reports from investigating the accident so 2 of the accidents i had where not my fault the rest where


now since i was never given any write ups or days off for any accidents does that give them the right to fire me with out warning ?
i was a good employee i came in on time did my job and was there for 2 years

when they fired me i did get my unemployment plus they added like a thousand dollars onto my last check saying it was for my up coming vacation i got fired in april my next vacation was'nt till august did they pay me off?


can they fire me with know per warning,nothing of a write up in my file for accidents which was what they said i was fired for ?
 

Starry809

Member
7 accidents, in 2 years?
eek
Id say they had cause to fire.
They were nice enough to give you the vacation pay.

jusclaandus said:
maryland

i was nine months pregnant a day before my fmla was to start i was fired

i was told i was fired because i had to many vehicle accidents my job was armored car transporter i was the first woman to get pregnant while working there the manangment did'nt no what to do with me since my job required having lifting and such anyway the old manangement was nice enough to but me in the back doing a up date of the system when i was about 6 months pregnant or so i'd drive out on the trucks every now and than Just to drive not to carry any money or wear a gun


any way when the old management was fired the company sent down there compliance officer to fill in until they hired new management and he fired me a day before i was to start my leave i had reached 9 months that day and was considerted due

my letter he gave me said i had to many accidents i did have 7 accidents But i was never written up for them only given a warning for the first but nothing else for any of the rest 6 accidents happened while while i was pregnant and driving on the truck nothing major just mis judgements while driving and my last accident was'nt even my fault a old guy ran into the truck while i was at a light the guy fired me even before they got back the reports from investigating the accident so 2 of the accidents i had where not my fault the rest where


now since i was never given any write ups or days off for any accidents does that give them the right to fire me with out warning ?
i was a good employee i came in on time did my job and was there for 2 years

when they fired me i did get my unemployment plus they added like a thousand dollars onto my last check saying it was for my up coming vacation i got fired in april my next vacation was'nt till august did they pay me off?


can they fire me with know per warning,nothing of a write up in my file for accidents which was what they said i was fired for ?
 

cbg

I'm a Northern Girl
Nothing in the law says they have to put anything in your file before you are fired. Nothing in the law requires them to write you up before you are fired. Nothing in the law prohibits them from firing you without warning. And frankly, I'd have fired you after about the third accident; I'd never have let you get anywhere near seven without firing you. They were much nicer to you than I'd have been. It is perfectly legal and entirely understandable to fire you for that many accidents.

That being said, the timing of your termination is suspicious. Since they have a valid, non-discriminatory, LEGAL reason to fire you, a wrongful term claim is not going to be anything like a slam dunk. But if you think you were fired because of your pregnancy, the window for that closes at 180 days after your termination; 300 days if you filed with the state. If you're claiming a FMLA violation, I believe the SOL is two years; three if the violation is found to be willful.

How long ago did this happen?
 

jusclaandus

Junior Member
3 years ago

out of the question for me to sue now even if i could but i guess it was one of those things in the back of my mind
 

cbg

I'm a Northern Girl
Yep, even if you did have a wrongful term case (and I'm not convinced you'd prevail in a wrongful term suit - not by a long shot) you've lost your opportunity. Those windows have closed forever.
 

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