Employees have just 90 days from the date they receive an EEOC right-to-sue letter to file a federal discrimination lawsuit. Otherwise, they lose the right to do so.
However, 90 days isn’t as straightforward a deadline as it might seem. Courts add three days for mailing and then allow the employee to file the complaint that day—or the next day the court is open for business if the 93rd day falls on a holiday or weekend.
Recent case: Roberto claimed that he was terminated from his job because of prejudice against him for having been born in the Philippines, holding dual U.S.-Philippines citizenship and speaking Tagalog at work sometimes.
He filed suit on March 18, 2013. His former employer claimed the filing was more than 90 days after he must have received the right-to-sue letter, dated Dec. 14, 2012.
The court said the presumption was that the letter was mailed on Dec. 14 and was received three days later on Dec. 17. Ninety days after Dec. 17 would have been March 17. However, because March 17 was a Sunday, the 90-day period was extended to Monday, March 18. Therefore, the court said he filed on time and can proceed with his lawsuit. (Nepomuceno v. Cherokee Medical Services, No. 13-CV-633, SD CA, 2013)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/37331/when-contesting-timeliness-of-lawsuit-filing-remember-to-factor-in-weekends-holidays "