We want to make sure employers are aware of the option for job applications or offer letters to include a provision that shortens the statute of limitations for any action arising from an employee’s employment so long as there is no statute that would prevent a shortened limitations period.
On August 12, 2022, the U.S. District Court for the District of Maryland enforced the following provision contained in the employee’s job application: “I agree that any claim or lawsuit relating to my service with Fujitec America, Inc. must be filed no more than twelve (12) months after the date of the action that is the subject of the claim or lawsuit. I waive any statute of limitations to the contrary.” The court found that although the provision bound only the employee to the one-year limitations period, the period was fair and gave the employee sufficient opportunity to investigate and file an employment-related claim against his employer.
If you want to talk about whether this option is right for your organization, please give us a call.
CONTACT
Meredith “Merry” Campbell
Joy C. Einstein
Alexander I. Castelli
Drew T. Ricci
