If I am fairly certain my employer committed a willful violation of my rights under the FMLA and I was harmed, from what event would the 3 year statute of limitations officially begin tolling? The date I submitted the request? The date my leave was to begin? The day following the 5 working days in which my employer should have responded, but never did? Just need some clarification in this particular area. Thank you.
The date that your employer wilfully violated your rights under FMLA. It is usually better to file within the 2 year period in the event the employer successfully claims that any violation was not "willful." Find employment law attorney contact info on Avvo.com.
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