ROY LEE HULLINGER, APPELLANT,
v.
RYDER TRUCK RENTAL, INC., APPELLEE
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Roy Hullinger appealed the dismissal of his age discrimination claim against Ryder Truck Rental, arguing that a four-year statute of limitations for statutory liability claims should apply rather than the two-year statute of limitations for wage claims. The court affirmed the dismissal, holding that the two-year statute of limitations in section 95.11(4)(c) applies to all employment discrimination claims under section 760.10, regardless of the damages sought.
The two-year statute of limitations in section 95.11(4)(c) applies to all employment discrimination claims filed under section 760.10, regardless of whether the plaintiff seeks damages beyond lost wages. Employment discrimination cases are considered suits for recovery of wages, and the two-year statute applies to all such suits however accruing.
[1] An action to recover wages or overtime or penalties or damages concerning the payment of wages or overtime must be brought within two years.
[2] Employment discrimination cases filed in Florida are considered suits for the recovery of wages, even if the plaintiff requests more than back pay.
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Join FLexlaw to unlock all legal intelligence“an action to recover wages or overtime or penalties or damages concerning paying of wages or overtime must be brought within two years”
Establishes the applicable statute of limitations period under section 95.11(4)(c)
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Join FLexlaw to unlock all legal intelligenceHullinger was employed by Ryder and alleged he was wrongfully terminated solely because of his age in violation of section 760.10, Florida Statutes. H…
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UPCHURCH, Chief Judge.
Roy Hullinger appeals an order dismissing his complaint as barred by the statute of limitations, section 95.11(4)(c), Florida Statutes. Under that section, an action to recover wages or overtime or penalties or damages concerning paying of wages or overtime must be brought within two years.
Hullinger sued Ryder, alleging a violation of section 760.10, Florida Statutes, in that he had been wrongfully terminated solely as a result of his age. He sought, inter alia, recovery for lost wages, loss of future earning capacity, humiliation, embarrassment, mental distress and mental anguish as a result of the wrongful termination. He additionally sought punitive damages due to the alleged violation of the statute. The trial court found the two year statute of limitations applied and dismissed Hullinger’s complaint with prejudice. Hul-linger contends the four year statute of limitations for violations based upon a statutory liability1 applies because he sought more than just the recovery of wages.
Ryder argues that the two year statute of limitations in section 95.11(4)(c) governs claims under section 760.10 because this is the most analogous statute of limitations. Ryder points out that although there is not an internal statute of limitations governing civil actions brought under section 760.10, that statute does provide in section 760.-10(13) that liability for back pay shall not accrue from a date more than two years prior to filing a complaint with a commission.
In Broward Builders Exchange, Inc. v. Goehring, 231 So. 2d 513 (Fla.1970), the Florida Supreme Court reviewed the applicability of the two-year statute of limitations for suits for wages and stated it was intended to apply to all suits for wages or overtime however accruing. In McWilliams v. Escambia County School Board, 658 F. 2d 326, 330 (5th Cir.1981), the court held that employment discrimination cases filed in Florida are considered to be suits for the recovery of wages even if the plaintiff requests more than back pay. In McGee v. Ogburn, 707 F. 2d 1312, 1314 (11th Cir.1983), the court reviewed the decision in Broward Builders and stated that in employment discrimination actions, no matter the theory or legal basis for the cause of action, the two-year statute applies. The McGhee decision was reaffirmed in Burney v. Polk County Community College, 728 F. 2d 1374, 1383 (11th Cir.1984) and in Fowler v. Taco Viva, 646 F.Supp. 152, 155 (S.D.Fla.1986).
We agree and accordingly the order dismissing Hullinger’s complaint is AFFIRMED.
COBB and SHARP, JJ., concur. . § 95.11(3)(f), Fla.Stat. (1987).
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Deneace M. Joshua v. City OF Gainesville, 768 So. 2d 432 (Fla. 2000)…im as time-barred by the two-year statute of limitations contained in section 95.11(4)(c), Florida Statutes (1983),6 which governs actions to recover lost wages. The Fifth District Court of Appeal affirmed. See Hullinger v. Ryder Truck Rental, Inc., 516 So. 2d 1148 (Fla. 5th DCA 1987). This Court agreed with Hullinger’s argument that his claim was premised on the violation of a statute. Accordingly, we applied the four-year statute of limitations contained in section 95.11(3)(f). Since the decision in Hulling…
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Scott v. Otis Elevator Co., 524 So. 2d 642 (Fla. 1988)…ederal statutory causes of actions for discriminatory employment termination. McGhee v. Ogburn, 707 F. 2d 1312 (11th Cir.1983); McWilliams v. Escambia County School Board, 658 F. 2d 326 (5th Cir.1981). See also Hullinger v. Ryder Truck Rental, Inc., 516 So. 2d 1148 (Fla. 5th DCA 1987) (relying on McGhee and McWil-liams). We did not intend this result. Indeed, we found it difficult in Goehring “to conceive of a claim for wages which does not in some manner arise from a contract expressed or implied.” 231 So. 2d…
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Bolves v. Hullinger, 629 So. 2d 198 (Fla. 5th DCA 1993)…tate court had the claim been timely asserted. . On appeal from the dismissal, this court upheld the trial court’s conclusion that a two-year statute of limitations governs claims brought under section 760.10. Hullinger v. Ryder Truck Rental, Inc., 516 So. 2d 1148 (Fla. 5th DCA 1987). The supreme court reversed this court's holding, finding instead that a four year statute of limitations applied. Hullinger v. Ryder Truck Rental, Inc., 548 So. 2d 231 (Fla.1989). Upon remand, Ryder and Hullinger settled the sui…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cleveland McWILLIAMS v. Escambia Cnty. Sch. Bd., 658 F.2d 326 (5th Cir. 1981)
- Broward Builders Exch., Inc. v. Lily Goehring, 231 So. 2d 513 (Fla. 1970)
- McGHEE v. Ogburn, 707 F.2d 1312 (11th Cir. 1983)
- Burney v. Polk Cmty. Coll., 728 F.2d 1374 (11th Cir. 1984)
- Fowler v. Taco Viva, Inc., 646 F. Supp. 152 (S.D. Fla. 1986)