Hiring claim filing deadlines: Washington allows three years to sue, Minnesota one year to claim, and Missouri's seven-day rule covers complaint forwarding, not filing. Washington allows, according to Washington State Legislature, a civil action within three years of the alleged violation. Minnesota requires, according to Minnesota Legislature, a claim within one year of the practice.
Key takeaways
- A Washington civil action window of three years from the alleged violation, kept separate from the four-year wage and interest calculation.
- A Minnesota claim period of one year after the occurrence of the practice, which is suspended during a period when a civil action may not be brought.
- A Missouri seven-day rule for forwarding complaints between commissions, which is not an applicant's filing deadline.
- Keep a separate dated line for each state clock, placed beside the decision or event that starts it.
- Check each clock with a qualified employment attorney before relying on it.
Missouri has, according to Missouri Revisor of Statutes, a seven-day clock for passing complaints between agencies. That rule governs copies moving between commissions, so it does not set an applicant's own filing deadline. This article covers only these three states, so other states need their own sources. It is not legal advice, so a qualified employment attorney should confirm how a clock applies to a specific file.
Why claim clocks matter for hiring files
Each clock starts from a dated event, not from the day a hiring file is closed. A file that records only the offer date or the rejection date may leave out the event each clock depends on, so the file should note the date of the alleged violation and the date of each practice step.
Minnesota names more than one route into the process, and a file should show which route an applicant used. According to Minnesota Legislature, any person aggrieved by a violation of this chapter may bring a civil action or may file a verified charge with the commissioner or the commissioner's designated agent. Naming the route on the file makes it clear which filing date belongs to which step.
According to Minnesota Legislature, and only for purposes of subdivision 3, the first application of an unfair discriminatory practice, employment policy, or seniority system to a new person establishes a basis for the filing of a claim by that person. A dated record of when each screening rule first applied to each applicant lets the file show when that first application happened.
A single page that lists each state's clock gives the team one place to check. Each entry should name the state, the event that starts the clock, and the date that event occurred. The entries should quote the wording of the source rather than a summary of it. For the interview side of the file, see Interview Scorecard Example for Consistent Hiring Teams.
Washington: three years to bring a civil action
The core Washington rule is short. According to Washington State Legislature, the employee must bring a civil action within three years of the date of the alleged violation of this chapter regardless of whether the employee pursued an administrative complaint.
A file should show the civil action date on its own line, separate from any agency step.
The rule is tied to Washington's named text, so a file for an applicant who applied in another state should not borrow this three-year figure. The file should name the source it used, so a reviewer can see which text set the window.
A three-year date can be calculated once from the alleged violation date and written beside it. The team then reads one value rather than recalculating from memory.
The date the violation is alleged to have happened belongs in that field, not the date the team first heard of it, because the quoted text runs from the alleged violation.
Washington: four-year wage and interest lookback
A second Washington figure measures money rather than filing time. According to Washington State Legislature, recovery of any wages and interest owed must be calculated from four years from the last violation prior to the date of filing the civil action.
The quoted phrase points to the last violation before filing, so a timeline should mark that last event. The file should not use the first event as the anchor unless it is also the last one.
Each pay event that a claim could reach should carry its date and amount, so the four-year calculation can be rebuilt from the file itself.
Because the lookback runs from the last violation before the filing date, a retention plan should reach back at least four years before any filing date it expects to face.
The lookback and the three-year filing window are separate figures in the same text, so the file should list them on separate lines. Mixing them makes it harder to tell which figure governs a given question.
Minnesota: the one-year claim period
The Minnesota period is one year. According to Minnesota Legislature, a claim of an unfair discriminatory practice must be brought as a civil action, filed in a charge with a local commission, or filed in a charge with the commissioner within one year after the occurrence of the practice.
The three filing paths in that sentence sit inside one time limit, so a file should not treat a charge as a way to extend the period.
The clock can stop running. According to Minnesota Legislature, the running of the one-year limitation period is suspended during the applicable time period under section 363A.331, subdivision 2, during which a civil action may not be brought.
A file that notes a suspension should name the period it relies on rather than estimate it. The cited section 363A.331 is the place to find what that period covers, so the reader should consult it directly.
A determination brings its own short window. According to Minnesota Legislature, within 30 days after getting notice, the charging party may request in writing, on forms prepared by the department, that the commissioner reconsider the determination. The file should record the date each notice was received, since the count runs from that day.
Illustrative example: counting a 30-day window
A notice arrives on day 0. Counting 30 days from that date, the reconsideration request is due by day 30. The file records day 0 as the notice date, so the deadline can be checked against the file itself.
Missouri: the seven-day forwarding rule
The Missouri rule concerns copies moving between commissions, not applicants. According to Missouri Revisor of Statutes, a copy of all complaints filed with a local commission with the authority to enforce the provisions of this chapter is to be forwarded to the commission within seven days of the filing thereof with such local commission.
The rule also runs the other direction. According to Missouri Revisor of Statutes, the commission shall, within seven days of getting a complaint that a local commission has jurisdiction to hear, forward a copy thereof to such local commission.
The date of filing also carries across. According to Missouri Revisor of Statutes, where a local commission has jurisdiction to hear a complaint filed with the commission, that complaint is deemed filed with the local commission on the date it was filed with the commission.
The file should therefore record the date a complaint was filed with the commission, because the text treats that date as the local filing date. That date should sit beside the seven-day forwarding window in the file.
How to set your record-keeping to match
A useful first step is to give each clock its own row. Each row should show the start event, the period from the quoted text, and the source link. Keeping the states on separate rows stops one state's count from being applied to another's file.
The table below repeats the quoted wording from each source.
| Publisher | Clock | Quoted wording |
|---|---|---|
| Washington State Legislature | Civil action | "within three years of the date of the alleged violation" |
| Minnesota Legislature | Claim period | "within one year after the occurrence of the practice" |
| Missouri Revisor of Statutes | Complaint forwarding | "within seven days" |
Notes made at the time of each decision belong with the file. The hiring decision debrief article is a related starting point for that kind of record. For the retention side, see the hiring and payroll record-keeping guide.
Each clock also deserves a review date on the page, so the team can check the entry when it next opens a file.
Related guides
- Interview Scorecard Example for Consistent Hiring Teams
- Conviction timing rules for 3 jurisdictions
- Salary history questions: 3 state rules to check
Next step: Today, list each state clock that applies to your hiring files on one page, and check your retention schedule against the longest one.
FAQ
How long does a Washington employee have to sue?
A Washington employee must bring a civil action within three years, according to Washington State Legislature, counted from the date of the alleged violation. The source is Washington's named statute, so the figure applies to Washington files. A qualified employment attorney should confirm how it applies to a specific file.
What is Minnesota's claim period?
A claim, according to Minnesota Legislature, must be brought within one year after the occurrence of the practice. The same text names a civil action and two kinds of charge as filing paths. This article quotes Minnesota's text, so the one-year figure should not be applied to other states.
What is Missouri's seven-day rule?
A copy of complaints filed with a local commission, according to Missouri Revisor of Statutes, is to be forwarded to the commission within seven days of the filing. The rule governs passing complaints between agencies. It is not the applicant's filing deadline, so the applicant's own deadline needs a separate source.
Does the Minnesota clock ever pause?
Yes, according to Minnesota Legislature, the running of the one-year limitation period is suspended during the applicable time period under section 363A.331, subdivision 2, during which a civil action may not be brought. The text points to that section for the period, and this article does not calculate it. A file that relies on a pause should cite the section it uses.
Does Minnesota give a window to ask for reconsideration?
Yes, according to Minnesota Legislature, within 30 days after getting notice, the charging party may request in writing that the commissioner reconsider the determination. The request uses forms prepared by the department. The 30 days count from the day the notice is received.
When does a Missouri complaint count as filed locally?
A complaint, according to Missouri Revisor of Statutes, is deemed filed with the local commission on the date it was filed with the commission, when the local commission has jurisdiction to hear it. The text uses the commission filing date as the local filing date.