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Statutes of limitation in Maryland employment cases—a guide


woman calculates the statute of limitations on her Maryland employment law case

It's one of the most important questions you can ask an employment lawyer—how long do I have to file my case? Depending on whether you have a discrimination, harassment, unpaid wages, or contract claim, the answer can vary wildly. We've compiled a list of the most important statutes of limitation (i.e., deadlines) for Maryland employment cases right here.


Contracts


The statute of limitations for breach of contract cases in Maryland is three years. Md. Code Ann., Cts. & Jud. Proc. § 5-101.


Wrongful Termination


The statute of limitation for wrongful termination cases in Maryland is three years. Md. Code Ann., Cts. & Jud. Proc. § 5-101.


Discrimination


Maryland's Fair Employment Practices Act


Under Maryland Fair Employment Practices Act, you must file a charge with the Maryland Commission on Civil Rights (MCCR) within 180 days of the alleged discrimination. Md. Code Ann., State Gov't § 20-1013.


Once you've given the MCCR 180 days to investigate your charge, you can file a civil claim in a Maryland Circuit Court within two years of the alleged discrimination (for harassment cases, this is three years). Md. Code Ann., State Gov't § 20-1013.


Age Discrimination in Employment Act (ADEA)


Under the ADEA, you must file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) within 300 days of the alleged age discrimination. 29 U.S.C. §§ 626(d)(1).


You can then file a lawsuit after waiting 60 days for the EEOC to investigate your charge. 29 U.S.C. §§ 626(d)(1).


Americans with Disabilities Act (ADA)


Under the ADA, you must file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) within 300 days of the alleged age discrimination. 42 U.S.C. § 2000e-5(e)(1).


The statute of limitations for cases under the ADA is 90 days after receiving a right-to-sue letter from the EEOC. 42 U.S.C. § 2000e-5(f)(1).


Family and Medical Leave Act (FMLA)


The statute of limitations for cases under the FMLA is two years; however, this is three years for "willful" violations. 29 U.S.C. § 2617(c)(2).


Section 1981 of the Civil Rights Act of 1866 (Section 1981)


The statute of limitations for (race discrimination only) cases under Section 1981 is four years. 28 U.S.C. § 1658, see also Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369, 382 (2004).


Title VII of the Civil Rights Act of 1964 (Title VII)


Under Title VII, you must, you must file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) within 300 days of the discrimination. 42 U.S.C. § 2000e-5(e)(1).


The statute of limitations for cases under Title VII is 90 days after receiving a right-to-sue letter from the EEOC. 42 U.S.C. § 2000e-5(f)(1).


Uniformed Services Employment and Reemployment Rights Act (USERRA)


There is no statute of limitations for USERRA cases. 38 U.S.C. § 4327(b).


Wages


Maryland Wage Payment and Collection Law (MWPCL)


The statute of limitations for cases under the Maryland Wage Payment and Collection Law is three years. Md. Code Ann., Cts. & Jud. Proc. § 5-101.


Equal Pay Act (EPA)


The statute of limitations for cases under the EPA is two years; however, this is three years for "willful" violations. 29 U.S.C. § 255(a).


Fair Labor Standards Act (FLSA)


The statute of limitations for cases under the FLSA is two years after the "last event" of the violation; however, this is three years for "willful" violations. 29 U.S.C. § 255(a).


Note: this list is current as of publishing on June 9, 2022 and should not be relied on as legal advice; contact us for a confidential consultation with a Maryland employment lawyer.