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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118772
Experience:  20+ Years of Employment Law Experience
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As a teacher, I was placed on administrative leave on

Customer Question

As a teacher, I was placed on administrative leave on February 6, 2014 four and an alleged event that that happened on February 5 2014. I was recommended for termination on June 6, 2014. I requested an appeal before the school board on June 21, 2014. It's too complicated to discuss here but the school board hearing was not held until may 2, 2015. I did not win.I would like to file a civil lawsuit complaint against the school district. In my case when would the statutory deadline begin on the clock?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The statute of limitations began to run from the date of the final decision on your appeal. According to SC Rule of Civil Procedure 203,
"(6) Appeals From Administrative Tribunals. When a statute allows a decision of the administrative law court or agency (administrative tribunal) to be appealed directly to the Supreme Court or the Court of Appeals, the notice of appeal shall be served on the agency, the administrative law court (if it has been involved in the case) and all parties of record within thirty (30) days after receipt of the decision."
So, in order to file suit, you had to have filed your appeal within the time stated in the statute and failure to file such a suit for appealing the decision within that time would bar further action.
Customer: replied 1 year ago.
So in other words, My final appeal in the Court of Commons Pleas was heard on March 4, 2016. The Final Order was signed by the Judge on April 1, 2016. So I would have 2 years from April 1 to file separate Civil suits?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, if you have some separate civil action to bring, the time for statute of limitations does not begin to accrue until you knew of the harm caused by the alleged tort you are suing over. If you have exhausted your appeals and lost though, I am afraid filing suit is not likely going to be any more successful.
Customer: replied 1 year ago.
1 more question. Under Rule 203 SC Rules of Civil Procedure I do not see the reference to the statute of limitations for filing a Civil Lawsuit. Can you help?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You do not see the statute of limitations for filing a suit because it is not in 203, the statute of limitations for filing a suit for personal injury torts in SC is 3 years from the date the act you are suing over caused you damage.