Image of Is retaliation that occurred outside of the statute of limitations period relevant evidence of retaliation?

Is retaliation that occurred outside of the statute of limitations period relevant evidence of retaliation?

Yes.  Discrete conduct occurring outside the statute of limitations can be offered as circumstantial evidence of retaliation.   For example, if a supervisor threatens to terminate the employment of a whistleblower if the whistleblower raises additional compliance concerns and the supervisor ultimately carries out the threat, the threat itself is relevant to prove retaliation even if it was made outside of the statute of limitations period.

And non-discrete conduct that occurred outside of the statute of limitations can be relied upon to prove retaliation when the earlier conduct only became actionable once other conduct occurring within the limitations period occurred.  See Nat’l R.R. Pass. Corp. v. Morgan, 536 U.S. 101 (2002).

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Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.