The statute of limitations begins to run from the time that the complainant knows or reasonably should know that the challenged act has occurred. The violations occurs on the date that the employer communicates to the employee its intent to take an adverse employment action, rather than the date on which the adverse action becomes effective. Final notice is a communication that is decisive or conclusive.
About the author
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.