When the EEOC closes a case and sends the employee a right-to-sue letter, the employee has just 90 days to file a federal lawsuit. The clock starts ticking the day he receives the letter. If the employee can’t prove when he received it, the court adds three days to the mailing date and goes from there.
Recent case: Alton was fired forfrom his job at Hickory Springs Manufacturing. He frequently made mistakes that cost the company thousands of dollars in lost production or damaged products.
Alton sued, alleging race and age discrimination. But he filed his lawsuit 93 days after the date it was presumed he received his right-to-sue letter. The court tossed out his lawsuit. (Eskridge v. Hickory Springs Mfg. Co., No. 5:11-CV-00176, WD NC, 2012)
Note: The formula: Postmark date + 3 days + 90 days = Lawsuit deadline.
- EEOC can't sue over nationwide discrimination unless it first investigates
- 'Zip It' Doesn't Work When Firing Employees
- How to prevent growing risk of 'negligent supervision' suits
- You must try to prevent co-worker harassment--but you're not expected to be clairvoyant
- Ohio Supreme Court narrows right to file wrongful discharge claim