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Date of firing notice–not last day of work–determines when discrimination occurred

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in Discrimination and Harassment,Firing,FMLA Guidelines,Human Resources

An employee who believes she has been fired for discriminatory reasons has the right to sue her employer as soon as she receives a termination notice. That’s true even if the termination isn’t yet effective.

It’s also true if the employer later changes its mind and rescinds the termination before it is scheduled to go into effect.

It’s all because of a recent U.S. Supreme Court decision that set the statute of limitations for filing suit over discharge as beginning on the date of notice rather than last day of work.

Recent case: Alana worked as a program director for a conservative synagogue in New York. She was responsible for planning and coordinating events, as well as assisting with the synagogue’s nursery school program.

Alana got married on July 28. Unknown to her supervisors beforehand was the fact that she was pregnant at the time. She told them the day she married. After a month-long honeymoon, she returned to work,...(register to read more)

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