Statute of Limitations on Employment Claims in Indiana

This guide walks through the most common Indiana employment deadlines, lays them out in a comprehensive table, and explains the practical traps that catch workers off guard. For a broader timeline overview, see our Indiana employment law claim deadlines guide.

Why Do Employment Deadlines Matter So Much in Indiana?

An employment statute of limitations is not a guideline. It is a hard cutoff. File one day late and the court will almost always dismiss your case, no matter how solid the underlying facts are.

The clock usually starts on the date the wrong happened. For a discriminatory termination, that is the firing date. For unpaid overtime, that is each pay period the employer underpaid. For retaliation, it is the date of the retaliatory action. The trigger date matters, and getting it wrong can cost you the case.

Different claim types use different rules. A worker fired in violation of Title VII, denied FMLA leave, and not paid a final paycheck on the same day could face three different deadlines for the same firing. Each must be tracked separately.

Indiana Employment Claim Deadlines Table

The table below shows the most common windows. Always confirm the specific deadline that applies to your facts with an Indiana employment attorney, since exceptions and tolling rules can shift these numbers.

What Is the Deadline to File an EEOC Charge in Indiana?

For most federal discrimination claims, including those under Title VII, the ADA, the ADEA, and the PWFA, Indiana workers have 300 days from the discriminatory act to file a charge with the EEOC.

The 300-day window applies because Indiana has its own fair employment law and agency. The federal default is only 180 days, but it extends in states with state-level agencies. Our EEOC complaint guide for Indiana covers the filing process in detail.

What Triggers the 300-Day Clock?

The clock starts on the date of the discriminatory act. For a termination, that is the day you were fired. For a demotion, the day you were demoted. For a denied promotion, the day the position was given to someone else. For an ongoing hostile work environment, the rule is more complex and may allow earlier acts to come in under a “continuing violation” theory.

What Happens If I Miss the 300 Days?

Your federal discrimination claim is generally barred. Some narrow exceptions exist for equitable tolling, but courts apply them rarely. Do not gamble on tolling. File on time.

What Is the Indiana Civil Rights Commission Deadline?

The Indiana Civil Rights Commission accepts complaints within 180 days of the discriminatory act. ICRC and EEOC have a work-sharing agreement, so filing with one usually preserves your rights with the other, but the underlying state deadline still matters for state-only claims.

If you are weighing whether to file with the state agency, the federal agency, or both, our piece on how to file a discrimination complaint against a business in Indiana walks through the choice.

What Are the Deadlines for Wage and Overtime Claims?

Wage law has multiple overlapping deadlines, and the right one depends on whether you file under federal or state law, whether the conduct was willful, and whether a written or oral contract is involved.

How Long Do I Have Under the FLSA?

The Fair Labor Standards Act uses a two-year statute of limitations for ordinary wage and overtime violations. If the violation was willful, meaning the employer knew or showed reckless disregard for the law, you get three years.

The clock runs separately on each pay period. That means if you were underpaid for two years, you can recover all two years of underpayment if you file before the oldest pay period drops off. Wait too long and the early weeks fall outside the window even if you can still file on the more recent ones.

How Long Do I Have Under Indiana Wage Law?

Indiana has two wage statutes that often confuse workers:

• Indiana Wage Claims Statute (Indiana Code 22-2-9) covers former employees seeking unpaid wages after separation. The deadline is 2 years.
• Indiana Wage Payment Statute (Indiana Code 22-2-5) covers current employees seeking wages that were due but not paid. Claims rooted in a written contract may run up to 6 years. Claims under an oral agreement generally run 2 years.

Both statutes allow recovery of liquidated damages and attorney fees in many cases. See our overview of unpaid wages in Indiana and our piece on final paycheck rules.

Where Should I File a Wage Claim?

You can file with the Indiana Department of Labor Wage Claims office or directly in court, depending on the claim and the dollar amount. For federal FLSA matters, the US Wage and Hour Division accepts complaints.

What Is the FMLA Statute of Limitations?

The Family and Medical Leave Act uses a 2-year statute of limitations, with a 3-year extension for willful violations. The clock starts on the date of the last act that violated the law, often the denial of leave or the retaliatory firing.

Workers facing FMLA disputes should also see our piece on common FMLA mistakes and our 12-week FMLA guide. Healthcare workers in particular should review our healthcare workers page for industry-specific leave issues.

What Is the Deadline for Wrongful Discharge in Indiana?

Indiana recognizes a narrow public policy exception to at-will employment, sometimes called the Frampton tort. It applies to firings for refusing to commit an illegal act, exercising a statutory right (like filing a workers’ compensation claim), or performing a statutory duty (like jury duty).

The deadline for these public policy wrongful discharge claims is generally 2 years under Indiana Code 34-11-2-1, the state’s general personal injury statute of limitations. See our wrongful termination timeline for a step-by-step rundown.

What About Constructive Discharge?

If conditions became so intolerable you had to resign, the law treats that resignation as a firing for limitations purposes. The clock runs from the date of resignation. Read our piece on constructive discharge in Indiana to learn what counts.

How Long Do I Have for Retaliation Claims?

Retaliation deadlines mirror the underlying statute. A retaliation claim under Title VII gets the EEOC 300-day window. A retaliation claim under the FLSA gets the 2 or 3-year window. An OSHA retaliation complaint, however, has a sharp 30-day deadline.

If you faced retaliation after a complaint, save every text and email. Our piece on retaliation evidence that wins cases covers what to preserve. Our broader resource on retaliation after complaints explains the legal hooks.

What About Section 1981 Race Discrimination Claims?

Section 1981 of the Civil Rights Act of 1866 protects against race discrimination in contracts, including employment. Unlike Title VII, it does not require an EEOC charge first. It has a 4-year federal statute of limitations under 28 U.S.C. 1658 for claims that arose under the 1991 amendments.

This longer window matters when a Title VII deadline has passed. A worker who filed an EEOC charge but missed the 90-day window after the right-to-sue letter may still have a Section 1981 claim. An attorney can evaluate whether the facts support that route.

How Does the “Continuing Violation” Rule Work?

Some harassment and hostile work environment claims involve ongoing patterns rather than single events. Courts apply a “continuing violation” rule that may let earlier incidents come in as part of a timely claim, as long as at least one act fell within the limitations period.

The rule is narrow. It applies to true hostile environment claims, not to discrete acts like firings or demotions. Read more about what constitutes a hostile work environment in Indiana.

“Half the cases we turn away come in past the deadline. The facts are strong, the harm is real, but the clock ran out. The single most important step a worker can take after a problem at the job is to write down the date it happened and call a lawyer.”

What Are the Deadlines for Severance and Contract Disputes?

If your employer breached a written employment contract or a severance agreement, Indiana’s general 10-year window for written contracts may apply under Indiana Code 34-11-2-11. Oral agreements get only 2 years.

If you are still deciding whether to sign, our severance agreement guide and our 2026 severance negotiation guide are good starting points. A formal severance review from our firm can flag traps before you sign.

What If Your Employer Failed to Pay Your Final Paycheck?

Indiana requires employers to pay final wages on the next regular payday after separation. If they did not, you may file a wage claim under Indiana Code 22-2-9, the wage claims statute. The deadline is 2 years.

For ongoing wage disputes during employment, the 6-year window for written contracts may extend the clock significantly. Our piece on year-end bonuses covers a common variation.

What Are the Federal Whistleblower Deadlines?

Federal whistleblower laws use surprisingly short windows.

• OSHA retaliation under 29 U.S.C. 660(c): 30 days from the retaliatory act.
• Sarbanes-Oxley: 180 days.
• Surface Transportation Assistance Act: 180 days.
• Dodd-Frank retaliation: generally 6 years.
• SEC whistleblower: 6 years, extending up to 10 with the knowledge rule under 28 U.S.C. 1658(b).

The OSHA 30-day rule catches many workers off guard. If your firing followed a safety complaint, contact a lawyer immediately. See our Indiana whistleblower report for additional context.

Do Indiana Deadlines Apply to Federal Cases?

It depends. Federal causes of action use their own statutes of limitations. State causes of action use Indiana’s. A single case can involve both, which is why an experienced Indiana employment lawyer is so valuable in mapping every applicable clock.

The federal courts that sit in Indiana, the Northern District and Southern District, apply the Indiana statute of limitations to state claims under supplemental jurisdiction. See US Courts for general information on federal procedure.

What Happens to the Clock During EEOC Investigation?

Filing an EEOC charge tolls the 90-day right-to-sue window during the investigation. Once the EEOC issues a right-to-sue letter, you have 90 days to file in federal court. Miss that and your federal court claim is barred.

The 90 days is real, not approximate. Calendar it. Set a reminder. Our piece on what to do after filing an EEOC complaint walks through the next steps.

How Can You Protect Your Deadline?

You cannot recover a missed deadline easily. The best protection is acting early. Specifically:

1. Write down the date of every adverse action, including the day you learned about it.
2. Save offer letters, write-ups, performance reviews, pay stubs, and emails.
3. Document witnesses while their memories are fresh.
4. Schedule a consultation with an employment attorney within 30 to 60 days, not 30 to 60 weeks.
5. Do not assume the longest possible window applies. Plan around the shortest.

Our overview of how to document workplace harassment in Indiana applies just as well to discrimination, retaliation, and wage cases.

Special Deadlines That Catch Workers Off Guard

A few less-known deadlines come up often enough that they deserve a separate look.

Jury Duty Retaliation

Indiana law protects workers from being fired for jury service. Claims here run on Indiana’s general statute. See our piece on jury duty firing protections.

Voting Leave Retaliation

Indiana law gives workers limited paid time to vote in certain cases. Retaliation claims tied to that right run on the general state limitations clock. See our resource on voting leave retaliation.

Religious Accommodation

Title VII covers religious accommodation requests. The EEOC’s 300-day deadline applies. Our piece on religious accommodation rights covers the substance.

Pregnancy and PUMP Act Claims

The Pregnancy Discrimination Act and PWFA use Title VII timelines. The PUMP Act falls under FLSA. See our pregnancy discrimination and PUMP Act resources.

How an Indiana Employment Lawyer Helps With Deadlines

A good lawyer does three things on day one. First, identifies every possible claim from your facts. Second, calendars every deadline that could apply. Third, files the right protective papers before any clock runs.

That work cannot wait. We have seen cases where a worker came in eight months after a firing, certain they had plenty of time. They had missed the OSHA 30-day window, lost a strong retaliation claim, and were left with only one weaker theory. Speed matters.

For new matters, our first consultation page walks through what to expect. Our checklist of questions to ask an employment attorney is also helpful.

Talk to a Lawyer About Your Indiana Employment Deadlines

Knowing the statute of limitations on employment claims in Indiana is only half the work. Applying the right deadline to your facts, identifying every overlapping clock, and filing in time is what saves the case. The earlier you talk to an attorney, the more options you keep.

At Amber Boyd Law, we represent Indiana employees facing discrimination, retaliation, harassment, wage, and termination problems. Our firm serves clients across Indiana, including Fort Wayne, Evansville, and Gary.

Call (317) 960-5070 or visit our contact page to schedule a confidential case evaluation. Our office is at 8506 Evergreen Ave, Indianapolis, IN 46240. Learn more about our firm and read more on our blog.

Disclaimer – This article is intended for general educational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a qualified Indiana employment attorney.