Employees have only a limited amount of time in which to file lawsuits.
However, judges sometimes bend over backwards to give late filers a second chance. When that happens, it may be worth finding out why the delay occurred.
Recent case: Jose worked for Harbor Freight Tools for less than six months before being discharged.
Almost three years later, he filed an EEOC complaint, using the excuse that someone at the EEOC had said he had three years and that he had been so bed-ridden that he could not have sued before.
He offered no details on who at EEOC gave him incorrect information.
However, the employer showed the judge that Jose had not been bed-ridden at all. In fact, he had travelled to Spain eight times during the time of his alleged incapacity.
The court had heard enough. It refused to grant Jose’s request to file late. (Perez v. Harbor Freight Tools, 2nd Cir., 2017)