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Question

I think that I have got a good case for workplace harassment. What is the statute of limitation for this type of case?

Submitted: 176 days and 3 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: New Jersey

Already Tried:
google search for answers - I think I may have a harassment and wrongful termination oct 8th 2008.

Posted by Mary Meaden Esq 176 days and 3 hours ago.

Answer

Any claims that you make with any administrative agencies state or federal (such as the Equal Employment Opportunity Commission) must be filed within 180 to 300 days. In many states you have to win your claim at one of these agencies before you can actually proceed into a civil court and sue them. Once you have that "permission" from the agenc, you ten have up to 3 years after the last incident that happened at work to sue for the harassment. In states where you do not have to go the commission first (it is just recommended), you have 3 years from the last incident that happened at your workplace to bring suit in civil court.

Good Luck.

176 days and 3 hours ago.

Reply

Can you tell me statute for specific to New Jersey? Do I need to file with those agencies within the 300 day limitation?a

Accepted Answer

In NJ, the Division of Civil Rights in the Attorney General's Office handles these claims. You do not have to file with the Division before proceeding to court, but you have 2 years from the last harassing event to file a civil lawsuit. If you file with the Division, you have 180 days from the last harassing event to do so.

I have attached a link to the Division which talks about rights before the Division and rights to sue privately in NJ:

http://www.nj.gov/oag/dcr/filing.html

GOOD LUCK.

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Expert: Mary Meaden Esq
Pos. Feedback: 99.5 %
Accepts: 1260
Answered: 9/17/2009

Attorney

12 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law

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