Employment Law Questions? Ask an Employment Lawyer.
Hello and welcome. Are you asking whether the fact that this report was not made available to you would be a defense to the statute of limitations? I very much look forward to helping you on this matter.
Thank you, ***** ***** am not set up for phone calls. I can answer your question here, though.
If you can prove that the documents were concealed from you by means of fraud, then that might possibly be a defense to the statute of limitations. But otherwise, the simple fact that the documents were not given to you would not be a defense. If you knew that the documents existed then you would have needed to file suit and then subpoena the documents through the litigation process. So, at this point you would typically need to prove actual fraud.
Thank you, ***** ***** I am saying is that unless the EXISTENCE of the documents was concealed from you, then you would not typically be able to overcome the statute of limitations. The simple fact that the documents were not produced, while itself improper, would not be a defense. You would have needed to file suit and subpoena the documents in the course of your litigation within the timeframe of the statute of limitations.