Guide to Massachusetts Statutes of Limitation
Understanding Legal Time LimitsIf 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 that in most cases, 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) |
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Other Retaliation Claims |
Workers Compensation Claims |
Promissory Estoppel Claims |
Claims to Recover Land |
Sexual Harassment (filed in MCAD or EEOC) |
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Wage and Hour Claims |
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Fraud or Misrepresentation Claims |
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Breach of Fiduciary Duty Claims |
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Meet Our Trial Attorneys
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years, with a focus on complex business litigation. In 2009, she started the firm that became slnlaw. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year for a precedent-setting victory at the Massachusetts Supreme Judicial Court. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients with business and employment disputes. Emily has handled cases at every level of the state system, in the federal trial court, and before the First Circuit Court of Appeals.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has successfully defended numerous employers in the MCAD, and litigated other business and employment disputes throughout the state court system and in the federal trial court.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has litigated both plaintiff and defendant cases in the state court system, MCAD, and the federal trial court.
How We Can Help
As experienced lawyers, we provide you with comprehensive support throughout the Massachusetts civil litigation process. Our in-depth knowledge and strategic guidance empower you to navigate legal challenges effectively, ensuring your rights are protected and your case is handled with expertise. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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