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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Education Law
Satisfied Customers: 41221
Experience:  Experienced Education Law Attorney
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My question concerns tolling.The statute of limitations against

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My question concerns tolling.The statute of limitations against a school district is one year from the time of the first incident of unlawful act. I received a right-to-sue letter on 12/30/11 from EEOC. The defendant is a school district in new york state. According to defendants lawyer, my nyshrl claims are time barred as the initial incident occurred on December 10, 2010. Is this so? How can this be remedied if I received the right to sue letter after the supposed cut off date?
Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you are in this situation. When, specifically, did you end up filing, how soon after you received a right-to-sue letter?
Customer: replied 3 years ago.

March 26, 2012

Thank you for your follow-up.

The attorney in this situation is unfortunately correct. Discrimination cases do not 'toll' especially because a victim can file suit even without a 'right to sue' letter, that letter simply makes the suit stronger. This is typically something you cannot fix as you could have filed earlier, but you could claim that while the EEOC was making their decision, you thought that the time tolled and only began rolling when you received the letter. I have to be honest and state that case law and precedent would not be in your favor, but it really is the only claim you have left. That would be an easier argument to make if you filed almost immediately after obtaining the letter, but as you waited 3 months, it likewise can be used to show that you are beyond the statutory period. I am very sorry, I truly am, but I have to be as honest about this with you as I can be.

Please take care.

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