Pennsylvania Tort Claims Statute of Limitations
A statute of limitations is the amount of time you have to take legal action against someone else, for example the amount of time you have to file a civil lawsuit for sexual harassment.
The Commonwealth of Pennsylvania has a two-year statue of limitations for filing most tort and personal injury claims. Civil claims involving sexual harassment, false imprisonment, and assault and battery (both of which the later are sometimes part of sexual harassment claims) are tort claims that fall under the two-year limitation for injuries.
As general rule:
- The time period for a statute of limitation starts on the date your claim first arises. For example, from the day you were wrongfully terminated or when the sexual harassment first occurred; and
- Once the statute of limitations has expired you forfeit your rights to take legal action and cannot file a lawsuit.
In order to receive damages for emotional distress, there must have been a tort. A tort is a “legal wrong committed upon the person or property independent of a contract.” An “intentional” tort includes defamation, invasion of privacy, or intentional infliction of emotional distress.
Equal Employment Opportunity Commission Statute of Limitations
The statute of limitations for filing a sexual harassment complaint with the Equal Employment Opportunity Commission (EEOC) is much shorter. You only have 180 days to file a formal complaint, though that may be increased to 300 days or above depending on individual state law.
Pennsylvania Sexual Harassment Attorneys
Our employee rights attorneys have a keen understanding of federal and Pennsylvania state laws that protect men and women from sexual harassment in the work place. We are experienced trial lawyers and when sexual harassment or workplace discrimination has taken place, we know how to uncover the facts to prove your case.
If you work in New Jersey and have been subjected to sexual harassment, contact our sexual harassment attorneys today for a free consultation. We can advise you of your rights and if you have a case, we can pursue civil justice for you.