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
- Beaumont police officer wins $150,000 gender bias award
- Settlement helps asthmatic nursing assistant breathe easier
- $10 million settlement puts brakes on Roadway lawsuit
- Are we allowed to ask questions about an applicant's family medical history?