This Article examines the relationship between the emerging law of wrongful discharge and the established doctrine of the statute of limitations. The author argues that with the recognition of the causes of action for wrongful discharge claims comes a need to examine secondary rules and policies of implementation, the important of which is the choice of appropriate statutes of limitations. The author examines the three exceptions to the at-will doctrine, and explores the typical range of limitations choices for each, with specific emphasis on California's statutory scheme. The author concludes by suggesting possible solutions, which seek to maximize the enforcement goals of the wrongful discharge cause of action while fulfilling the traditional policies of statutes of limitations.
Mary E. Miller,
Barbed Wire in the Borderland: Statute of Limitations Choices for Wrongful Discharge Claims,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol23/iss4/4