Effective since July 1, 2024, Act No. 423 extends the prescriptive period, or statute of limitations, for employment-related tort actions from one year to two years. The countdown to file such a claim starts on the day the injury occurred. This act is significant because it doubles the amount of time parties have to file employment-related tort claims.
What claims does Act No. 423 impact?
Act No. 423 applies to employment-related tort claims. This includes but is not limited to claims regarding:
- Invasion of privacy
- Intentional infliction of emotional distress
- Defamation
- Assault
It is important to note, however, that this law is prospective, so it only impacts tort actions arising from injuries or damages sustained on or after July 1, 2024. Act No. 423 does not impact the prescriptive period for actions arising from incidents occurring prior to July 1, 2024. Any party seeking to file a claim for an incidentoccurring prior to July 1, 2024 will still have to do so within one year of the incident.
Who is impacted?
- Employees: This law allows injured parties more time to assess their situations, obtain legal advice, and collect supporting documentation.
- Employers: It is important to review company policies and procedures to ensure compliance with this new law. Taking time to update these policies now can help you protect your business later. Seek legal advice so you can better understand your rights and responsibilities under this new law.
If you believe you have an employment-related claim, contact us today! We can help you navigate such a matter and help you understand how this new law impacts your situation. Contact us today.