How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Marsha411JD Your Own Question
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20400
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

What is the time limit to sue an employer for allowing work

This answer was rated:

What is the time limit to sue an employer for allowing work harassemnt by a fellow employee.

Thank you for your question. Can you tell me what kind of harassment you are referring to? In brief, what sort of actions? What protected class are you alleging that you were harassed because you are a member of it?
Customer: replied 4 years ago.

It was a fellow co-worker that was placing threatening signs, and other actions. There was a time that a retired police was in the building because of another employee that might try to enter the building. The officer was more concerned about the guy harassing me, the guy talked to the officer.


I'm not sure what you mean by the last part, I was a rank and file employee, part of a union.

Hello again Rob,

Unfortunately, unless there was a violation of your bargaining agreement and you grieved that and lost, there would not be any basis for a law suit unless you were targeted for "severe and pervasive" harassment because you are a member of a protected class under employment discrimination laws. In other words, workplace harassing behavior and bullying, without unlawful discriminatory intent, is not illegal. It is certainly unprofessional and inappropriate, but not illegal. Again though, if the bargaining agreement or company policies gave you more rights that the law in general does in regards XXXXX XXXXX behavior, then you would have had to file a grievance and gone through the union and the employer for resolution.

If this were a case where harassment was motivated because of your race, gender, national origin, religion, disability, etc., then you would have had to file a discrimination complaint with the EEOC no later than 300 days after the last act you are complaining of. Then suit must be filed withing 90 days of receiving a "right to sue" letter from the EEOC.

If you were going to file suit against the union for misrepresentation, you would generally have 4 years.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD and 2 other Employment Law Specialists are ready to help you