What is the statute of limitations for wrongful termination?
In New Mexico, the statute of limitations for wrongful termination is two years. This means that if you were wrongfully terminated from your job in New Mexico, you must file a lawsuit within two years of the termination. Failing to file the lawsuit within two years of the termination bars the employee from seeking relief in court. If the wrongful termination occurred due to discrimination, then the statute of limitations may be longer. For instance, if the wrongful termination was based on discrimination due to a protected class such as race, age, sex, or religion, then the statute of limitations is extended to three years. Similarly, if the wrongful termination was based on acts or omissions that gave rise to intentional infliction of emotional distress, then the statute of limitations is extended to three years. It is important to note that the statute of limitations may be tolled or extended in certain situations. For example, there may be cases where the statute of limitations has been tolled due to ongoing employer misconduct. In such cases, the employee may be able to file a lawsuit after the two or three year-period has expired. Therefore, it is important to speak with a qualified attorney to discuss the specifics of your case and to understand your rights.
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