YES. The statutes of limitations can be very short, from just a few days for federal Government employees, to 30 days for employees asserting retaliation claims under a variety of federal statutes, and upwards to six years or more under the False Claims Act.

Statutes of limitations can entirely determine whether you can bring a whistleblower claim.  If the time limits pass, your case cannot be filed and cannot be pursued, no matter how illegal the conduct by the defendant. Some statutes of limitations involve events on a specific date. Others may involve “continuing acts” that extend the time limits. A complaint under many of the federal whistleblower laws, including most of those protecting environmental whistleblowers (other than nuclear whistleblowers), is considered timely filed if done in writing within 30 days of the time an employee learns of the discrimination, harassment or retaliation.  The time limit has been interpreted by some courts to be when the employee is informed of the final adverse action, even if the adverse action will not actually occur until a later date.

 This is a very tricky area of the law and there are wide differences between the various state and federal laws—what is a untimely or a continuing violation under one statute may not be under another.

Do not delay in getting legal advice or in otherwise protecting your rights by filing a claim with the appropriate authority if there is any question about a short time period within which to assert your legal rights to protection for whistleblowing.

Click here to view a summary of the federal whistleblower laws and time limits for bringing claims.

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