Didn’t receive a copy of an EEOC complaint within 300 days of when you discharged an employee? Ordinarily, that would mean you could rest easy, knowing that no lawsuit could arise. But that’s not always the case.
Recent case: Three years after she was discharged, Rosalind Brooks sued, alleging discrimination.
Her former employer got the case dismissed after it became apparent Brooks never received a right-to-sue letter from the EEOC. That commission claimed it never received a formal complaint from Brooks.
But Brooks produced a complaint form she claimed she sent to the EEOC. That was enough for the 8th Circuit Court of Appeals to reinstate her case and allow Brooks to conduct discovery. (Brooks v. Midwest Heart Group, No. 10-3712, 8th Cir., 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Subjective fear of discipline no reason to quit
- When RIF costs protected employee's job, take care how you reassign the work
- Everyday rudeness and backbiting doesn't necessarily mean hostile work environment
- Discrimination hotline won't protect against lawsuit