The 7th Circuit Court of Appeals has ruled that there is a three-year time limit for employees to fileclaims in federal court. It said workers have three years from the time their rights were allegedly violated, even if the worker was demoted and lost pay or benefits still affecting her paycheck today.
Recent case: Beverly Robinson worked for Discover Financial until she was fired for. She sued, alleging that four years earlier she had returned from to a lesser position. She claimed the reassignment to a lesser job still affected her four years later.
The court didn’t buy it. Because her reinstatement was a specific act at a specific time, the clock started ticking right away. She had up to three years to sue for the alleged willful FMLA violation, no more. (Robinson v. Morgan Stanley, No. 11-3243, 7th Cir., 2012)
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- Feel free to impose legitimate discipline on employee, even if she's on FMLA leave
- ADA, Ohio disability-Discrimination laws don't cut off other state claims
- Firing during FMLA leave may mean personal liability
- Deployed employees get full pay, benefits, monthly care packages
- Public sector employees entitled to paid time off to donate blood