Employees who think they have been wrongly fired face tight deadlines for complaining about discrimination. In North Carolina, they have just 180 days to file an EEOC complaint.
What’s more, the clock starts ticking the day the employee learns he is informed he will no longer have a job, not from the last day on the job.
That’s why you should carefully note when you told the employee he would be out of a job. If the employee doesn’t file an EEOC complaint on time, you can block litigation based on most federal discrimination laws.
Recent case: Clive Muir worked on a limited contract as a faculty member at Winston-Salem State University. He was up for tenure, but was turned down in writing and informed that when his contract expired, he would no longer have a job.
Muir filed an EEOC complaint alleging race and national-origin discrimination within 180 days of his last day on the job. However, by then more than 180 days had passed since he had received the original notice of tenure denial and termination. He argued that because he used an internal appeals process to try to overturn the tenure denial, he had more time.
But the court said filing an internal appeal doesn’t affect the EEOC calendar. Once an employer tells an employee he will no longer have a job as of a certain date, the clock starts ticking. (Muir v. Winston-Salem State University, No. 1:11-CV-282, MD NC, 2012)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/30756/stay-ahead-of-eeoc-complaint-calendar-by-documenting-when-employee-learns-hell-lose-job "
- Don't be caught by surprise: Spell out harassment policy
- Don't set automatic deadline for workers returning from disability leave.
- Manager recommends discipline or firing? Investigate before agreeing to go along
- Emotional outburst? Respond with patience, calm
- Budget cuts forcing layoffs or reorganization? Take care to spell out justification