Important Employment Law Update Regarding Statute of Limitations Waivers
- Jan 25, 2021
- 1 min read
On January 15, 2021, in Thompson v Fresh Products LLC, the 6th Circuit Court of Appeals held that an employee cannot waive the statutory limitation periods contained within the Americans with Disabilities Act (ADA) or the Age Discrimination in Employment Act (ADEA) by agreeing to a shorter contractual period of limitations. In Thompson, the employee had agreed to a shorter (6 month) statute of limitations period in the employee handbook acknowledgment. The employee brought claims under the ADA, ADEA, and claims under Ohio law. The 6th Circuit ruled that the contractual limitations period was enforceable under Ohio law, but the “limitations periods in the ADA and ADEA give rise to substantive, non-waivable rights” and cannot be modified by contract. This means that Michigan employers may continue to limit the statute of limitations period for state law claims, but cannot do so for federal claims under ADEA, ADA, etc.
If you have questions regarding this change in law, contact Nancy Chinonis at Cline, Cline & Griffin, PC.
A Montgomery personal injury lawyer at The Wilson PC became a real turning point for me after I realized I couldn’t manage my injury claim alone anymore. The paperwork, insurance calls, and medical follow-ups were all piling up at the same time, and it quickly got overwhelming. The attorneys stepped in, explained everything in clear terms, and handled the complicated parts of the process so I could focus on recovery instead of stress. What stood out most was how consistently they kept me updated and made sure I always knew what was happening with my case.