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Legal Memorandum: Accrual of Employee's Cause of Action

Issue: Under federal law as applied in the Eighth Circuit, for purposes of determining the expiration of the statute of limitations, when does an employee’s cause of action of violation of the Family Medical Leave Act accrue?

Area of Law: Employee Law
Keywords: Statute of limitations; Cause of action; Violation of the Family Medical Leave Act
Jurisdiction: Federal
Cited Cases: 139 F.3d 1210; 538 U.S. 1061
Cited Statutes: None
Date: 11/01/2004

A plaintiff’s cause of action for wrongful termination in violation of the FMLA accrues on the date of termination.  See Williams v. Northwest Airlines, Inc., 53 Fed. Appx. 350, 352 (6th Cir. 2002), cert. denied, 538 U.S. 1061 (2003).  If the violation alleged is the failure to designate leave as FMLA leave only, then, for statute of limitations purposes, the violation both occurs and accrues on the date the designation was denied.  Moore v. Payless Shoe Source, Inc., 139 F.3d 1210, 1214 (8th Cir. 1998), vacated, 526 U.S. 1142 (1999). 

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