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Worker blows filing deadlines? Seek quick dismissal

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in HR Management,Human Resources

Minnesota employees who believe an employer has discriminated against them based on age or another protected classification can file complaints with both the federal EEOC and the Minnesota Department of Human Rights (MDHR).

Employees have 90 days to file a lawsuit after the EEOC dismisses their case, but just 45 days to do so after the MDHR does. Many employees (and their attorneys) miss this inconsistency and wait until close to 90 days after the EEOC right-to-sue letter goes out.

You could win a quick dismissal by paying close attention to those dates.

Recent case: Nicholas Steen, who lost his job at Target shortly after taking medical leave, filed EEOC and MDHR complaints. The EEOC dismissed his claim, as did the MDHR shortly after.

Steen sued, but had waited more than 45 days to sue, so the court threw out the state claims. (Steen v. Target, No. 09-2108, DC MN, 2009)

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