EEOC closes complaint? The countdown begins

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in Discrimination and Harassment,Human Resources

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 for poor performance from 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.

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