Have you ever felt like your employer is not very clear or sending you mixed signals? Statutes of limitations can make or break your wrongful termination or employment discrimination claim, especially when those mixed signals cause confusion about when the clock starts running. In a recent employment law case, a 63-year-old employee named Ben Christian was told by his employer that he could either retire or be fired by November 17, but also heard there might be room to discuss extending his work on a critical project after checking in with the President of the company. Despite this possibility, he was still immediately escorted out and had his computer access revoked. By November 8, human resources sent him an email confirming there was no more position for him, yet Christian, holding on to hope from prior talks, did not fully accept the finality of the termination until it was too late. At the very least, Christian believed he was fired on November 17 and thus, his deadline to file his age discrimination charge with the Equal Employment Opportunity Commission (“EEOC”) would have been May 16. With this date in mind, Christian filed on May 8.
Unfortunately, the Eleventh Circuit Court of Appeals concluded that November 8 was his termination date for filing purposes, which meant he needed to file a charge of age discrimination by May 7. Filing on May 8 made him one day late—enough to doom his entire claim. Even though this might feel unfair from an employee’s perspective, courts treat statutes of limitations as hard deadlines with no wiggle room. Missing a statute of limitations is like popping a balloon, once it is popped, there is no way to put more air in it.
What Is The Statute Of Limitations For Bringing An Employment Law Claim?
A statute of limitations is the legal deadline for starting any lawsuit over workplace violations—whether for wrongful termination, employment discrimination, or age discrimination. Before filing a lawsuit under Title VII of the Civil Rights Act of 1964 (claims for race/color, gender, gender identity, sexual orientation, national origin, and religion), Americans with Disabilities Act (“ADA”) (claims for disability), and Age Discrimination in Employment Act of 1967 (“ADEA”)(claims for age), employees must file a charge of discrimination with the EEOC and obtain a Right To Sue Letter. In states that do not have a recognized fair employment practice agency, employees typically have 180 days to file an EEOC charge, whereas in states with such an agency (often called deferral states), employees generally have 300 days. Because some states have shorter or longer deadlines for state-based claims, so it is crucial to consult an employment law attorney about how these rules apply to you.
Once the cutoff passes, the employee has no legal recourse.
In Christian v. Southern Co., No. 24-10762, 2025 WL 66722, *1–3 (11th Cir. Jan. 10, 2025), the United States Court of Appeals for the Eleventh Circuit held that “the period for filing a charge of discrimination does not begin to run until the employee receives unequivocal notice of an adverse employment decision.” At the same time, the Eleventh Circuit Court of Appeals held that “the communication of the final decision to terminate is what triggers the start of the filing period, not the date that employment ends.” This means an employee might not even be off the payroll or might still be discussing details with HR, but if the employer’s message is ultimately final—like an email that clearly says you are out of a job—your 180-day clock is in motion.
If you believe you were wrongfully fired based on your race, gender, nation origin or age, understand that missing the deadline by five seconds can cost you your day in court. Missing the statute of limitations by mere seconds or minutes is just as fatal to your disability wrongful firing claim as missing it by weeks. Whenever you are in doubt, mark the earliest possible date you were informed you no longer had a job and calculate from there.
Best Wrongful Termination Lawyer Blogs on Point:
- What Is The Statute Of Limitations For A Title VII Claim?
- New Clarification on 90-Day Statutes of Limitations Contained in EEOC Right to Sue Letters
- Miss EEOC Deadlines, Lose Your Claims
Why Does Acting Quickly Matter For Employees Who Suspect Wrongful Termination?
Acting promptly is crucial because there is no way to resurrect a claim after the statute of limitations expires. Christian thought that he might still have work to do on his project or might be able to negotiate an extension. From an employee’s perspective, it is easy to understand why he believed he had more time. But when HR sent that November 8 email stating he was officially out of a job unless he retired, the Eleventh Circuit Court of Appeals deemed that unequivocal notice. With the deadline running from November 8, Christian needed to file his EEOC charge by May 7, but he filed on May 8—just one day late. Hell, it could have been filed online on May 8 at 12:01 a.m. It was late. It did not matter that he felt uncertain before that. Once the statutory cutoff passed, his age discrimination claim was dismissed and barred forever.
Best EEOC Attorney Blogs on Point:
- EEOC Charge Deadlines Cannot Be Extended – Even By Agreement
- Title VII And EEOC Deadlines Are Strict And Confusing: Get Attorney Help
- EEOC: Another Reason Why Not To Go It Alone
Can A Mixed Message From My Employer Toll The Deadline?
Employees often hope that confusing or contradictory statements—like the ones Christian received—will buy them extra time. Occasionally, courts apply “equitable tolling” when an employer deliberately misleads or something truly extraordinary prevents timely filing. But in Christian’s case, even though he had reason to believe there might be more discussion, the Eleventh Circuit Court of Appeals held November 8 was a definitive end. If your employer sends mixed messages, you should carefully document every conversation and email. However, do not rely on that confusion to extend your statute of limitations. It is far safer to assume the termination date has already been locked in and file your complaint accordingly.
Best Employee’s Rights Law Firm Blogs on Point:
How Do I Protect My Rights If I Was Wrongfully Fired Because Of Age Discrimination?
First, look out for warning signs that you might have been wrongfully fired, such as a sudden replacement by someone much younger, or workplace comments about your age. If you suspect age discrimination, here are key steps to protect your employment law rights:
Gather evidence. Keep records of emails, text messages, or memos that reference your impending termination or your performance.
Pin down the timeline. Write down the day you lost access to your building, when your badge was pulled, and when you received any emails finalizing your departure. Even if you are unsure, mark the earliest date to be safe.
Talk to a skilled attorney or lawyer immediately. Statutes of limitations differ from state to state, and if you miss a single deadline, your wrongful termination or discrimination claim might vanish forever.
No matter how hopeful you are that your boss might reverse course, the law will not let you extend the statute of limitations based on wishful thinking. Once the court views an action as final, your filing clock has begun to tick.
Best Age Discrimination Attorney Blogs on Point:
- Can Older Employees Be Fired Because Of Diminishing Skills Or Ability?
- Too Old To Ride? Employers Can’t Deny Benefits To Older Employees
What If I Am Unsure I Even Have A Case But Want To Talk To An Employment Lawyer?
Many employees hesitate because they do not know if their termination truly violated employment law. They may believe their employer could still reverse the decision or might offer new terms. The problem is that this kind of waiting can eat up the entire 180-day period or other statutory timeframe you might have. If you suspect you have been discriminated against based on your gender, race, LGBTQ+ status, or that you were wrongfully fired because of your age, national origin or disability, consult with an employment attorney as soon as possible. An experienced employee’s rights lawyer can look at the facts, advise you if your rights were violated, and make sure you do not miss a crucial deadline.
Spitz, The Employee’s Law Firm is the best choice for anyone who feels they have been wrongfully fired or discriminated against by their employer. We are one of the largest law firms in the United States dedicated to employees’ rights, meaning we bring more resources and experience to the table than smaller firms. Our free initial consultation and no fee guarantee help reduce financial worries, while our extensive trial experience gives us the edge to hold big employers accountable. Above all, we emphasize empathy and understanding for clients, backed by a proven track record of great results.
If you suspect age, race or gender discrimination or any other form of wrongful termination, contact a lawyer at Spitz, The Employee’s Law Firm today. Share your story and learn how we can help you pursue compensation before those crucial deadlines pass.
Employment Lawyer Disclaimer
This employee’s rights blog is for general informational purposes only and does not constitute legal advice. Every employee situation is unique, and you should consult a qualified employment lawyer for tailored guidance. No promises or guarantees of any outcome are being made. This content is a legal advertisement intended to address issues such as wrongful termination, discrimination, employment law, and other workplace disputes. If you believe you have been wrongfully fired or have encountered discrimination by your employer, speak with an attorney promptly to protect your claims.