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.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Take same-sex harassment claims seriously
- Union members can't use 'Public policy' violation as basis for retaliation claim
- If supervisors harass, keep your defense alive with quick action
- Duquesne Law revisits the lawsuit that wouldn't die