Is there a time limit to file a wrongful termination lawsuit?
In New Mexico, there are two time limits to file a wrongful termination lawsuit. The first is the statute of limitations, which is typically three years. This means that a person must file their lawsuit within three years of the wrongful termination taking place or else the court may dismiss the case and they may be unable to recover financial damages. The second time limit is known as the laches period. This period is typically one year and requires a person to file their lawsuit within a year of their termination or else the defendant may argue that they were not prejudiced by the delay in filing. This is so the defendant does not have to worry about old, stale claims that are difficult to defend against. In New Mexico, courts generally look at each case on an individual basis and may be willing to waive the statute of limitations as well as the laches period if there is a good reason for the delay in filing a wrongful termination lawsuit. However, it is always best to file a lawsuit as soon as possible so that a person can protect their rights and ensure they are able to recover any financial damages they may be entitled to.
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