Guide to Massachusetts Statutes of Limitation
If you are thinking about bringing a legal claim, or worried about someone bringing a claim against you, it is important to know when the clock starts running on those claims for statute of limitations purposes, and how long that time period is for different kinds of claims.
Statute of Limitations: When Does the Clock Start?For most types of civil claims, the clock begins running on the limitations period when the person with the claim knew or should have know they have suffered damages as a result of the defendant's conduct. This is called the "discovery rule."
In most employment cases, the harm is discovered immediately. For example, in a wrongful termination case, the employee knows they were terminated as soon as it happens. You also do not need to know that you have a legal claim in order for the time to start running- you just need to know that the harm occurred. For example, you may not be aware that you should have been paid overtime, but you would know that you were not receiving premium pay. This means you can't wait until you "discover" that you should have been paid differently for the time to begin. In contract cases, the discovery rule generally does not apply, unless the breach was not possible to ascertain. This means the 6 year statute begins to run on breach, regardless of when you discover it. |
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Massachusetts Statutes of Limitations for Civil Cases
300 Days |
2 Years |
3 Years |
4 Years |
6 Years |
20 Years |
Discrimination (filed in MCAD or EEOC) |
Claims Under Federal FMLA |
Claims Under Massachusetts Paid Family Medical Leave Act (“PFMLA”) |
Consumer Protection and Unfair Competition Claims Under Chapter 93A |
Contract Claims (Written or Oral) |
Claims Based on Documents Signed Under Seal (Contracts or Trusts) |
Retaliation Based on Discrimination (filed in MCAD or EEOC) |
Other Retaliation Claims |
Workers Compensation Claims |
Promissory Estoppel Claims |
Claims to Recover Land |
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Sexual Harassment (filed in MCAD or EEOC) |
Wage and Hour Claims |
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Fraud or Misrepresentation Claims |
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Breach of Fiduciary Duty Claims |
