Statute of Limitations (?) General Question
Durango64
11 Posts
How long does a disgruntled former employee have to file a lawsuit? Is it state-specific?
Comments
Kathy Carlson
There are many factors that can impact limitations - Ricoh conspiracy charges can go pretty long. They were extended back in the days of the Savings and Loan failures - throw the word Fraud in there and you get another answer.
Long story short, consult your attorney who can work through all the issues invovled for a real answer.
What Are the Time Limits for Filing a Charge of Discrimination?
All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:
A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.
This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.
These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.
To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.