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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19777
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My daughter was fired a PTSD attack at work. She has been

Customer Question

My daughter was fired for having a PTSD attack at work. She has been out of work for a year. She has the paperwork filled out for filling a disability discrimination/harassment claim, but had anxiety attacks and did not get it in on time. I am asking for help in the matter and wonder if there is any way she can file this late. She continues to suffer from panic attacks due to the stress of being fired unfairly. Thank you for your help in the matter
Submitted: 8 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 8 months ago.

Hello,

Thank you for the information and your question. I assume that you are talking about the requirement that a discrimination complaint be filed with either the State human rights division or the EEOC in order to preserve a discrimination claim. In both cases, the time limits are absolute. In other words, they are statutory and there are no provisions in the statutes for extensions no matter what the reason.

In Montana, complaints must be filed within 180 days of the date of the alleged discrimination. If a complaint has followed a written grievance procedure established by a collective bargaining agreement, contract, or written rule or policy to resolve the dispute, the complaint must be filed within 300 days of the alleged discrimination.

For EEOC complaints, the deadline is up to 300 days as long as the State has a law against that type of discrimination as well, which Montana does. However, again, 300 days maximum, regardless of the situation is all that the individual has to avail themselves of the discrimination laws.

Your daughter may want to speak to a local employment law attorney about the specific facts of her case to see if there is any other theory (besides discrimination) of the law that might be pursued for wrongful termination. But otherwise, the door is closed for the discrimination based claims.

I am sorry the news wasn't better, but I don't write the laws and am ethically bound to be honest with you. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 8 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 25th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.