When an employee, former employee, or potential employee seeks to assert an Atlanta employment law claim, he or she must do so in a timely fashion. The exact time for the filing of a claim is dependent upon both the applicable law and the factual circumstances at hand.
For instance, in a “whistleblower” suit filed under Georgia state law, a formal complaint must be filed within one year of the date that the plaintiff discovered the alleged retaliation (but no longer than three years after the retaliatory action). Other factors may come into play as well, but this one-year limitations period will control in most cases.
If the plaintiff in a potential state law whistleblower suit does not take the appropriate legal action in a timely fashion, it is likely that his or her case will be dismissed. In such a situation, he or she may have no legal remedy, despite the employer’s retaliatory conduct.