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Cases on employment law that show when an employee is

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terminated and that employee appeals...
Cases on employment law that show when an employee is terminated and that employee appeals termination that the employee has a right to sue up to the date of the appeal denied date - should the employee miss the date of the right to sue after EEOC filing.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: massachusetts
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at wiill
JA: Anything else you want the lawyer to know before I connect you?
Customer: attorney who was to file case by the right to sue date issued by the EEOC was disbarred prior to filing the case - which is why the sue date was missed.
Submitted: 6 months ago.Category: Employment Law
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Answered in 25 minutes by:
5/12/2017
Employment Lawyer: Bill Attorney, Lawyer replied 6 months ago
Bill Attorney
Category: Employment Law
Satisfied Customers: 1,412
Experience: Attorney
Verified

This is attorney Bill offering assistance to your legal question.

The EEOC may allow a special extension of limits to file a complaint and/or appeal.

" This time limit shall be extended where the aggrieved person shows that: he or she was not notified of the time limits and was not otherwise aware of them; he or she did not and reasonably should not have known that the discriminatory matter occurred; despite due diligence he or she was prevented by circumstances beyond his or her control from contacting the counselor within the time limits. 29 C.F.R. Section 1614.105(a)(2)."

You can apply under this exemption because your attorney's disbarment prejudiced your action.

You may also have a right to sue your attorney for legal malpractice if he negligently dealt with your case.

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Customer reply replied 6 months ago
Can you send case law examples of where this has been applied. Or other cases that are similar where case law was applied.
Employment Lawyer: Bill Attorney, Lawyer replied 6 months ago

You apply directly to the EEOC for an extension and the grant of an extension is an administrative decision bot a full hearing with case law.

If you were denied by the EEOC you can still sue in civil court if they have decided not to pursue your case; you are entitled to pursue your own case and hire an attorney.

They should have issues you with a right to sue letter.

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Customer reply replied 6 months ago
I received a right to Sue from the EEOC, and I had until Feb 2017 to sue in (state or Fed) court. This date was missed - give the disbarment of my attorney. Are you saying I have a right to request the EEOC extend my right to sue date - given the disbarrment (and if so, is there a time limit to make this request?). Finally, is there case law around similar cases that can be applied to support my ability to sue in State and Federal court (after the right to sue date?)
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,441
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your previous expert has left and I am a DIFFERENT CONTRIBUTOR.
I am afraid I have awful news for you regarding the case law, which actually is contrary to what the prior contributor stated above (which referred to an extension of time to file the complaint with the EEOC not in court, by the way). The court held that the 30-day period begins to run on the date that the EEOC right-to-sue letter is delivered to the offices of formally designated counsel or to the claimant, even if there was an issue with counsel. See: Irwin v. Department of Veteran's Affairs, 874 F. 2d 1092 (5th Cir. 1989) (Cert. denied 1990). The Court also held that the time limit is an absolute bar to filing.
If you are within your 300 day statute of limitations period, since MA state law does not require a right to sue letter to proceed to MA State court, you could still file in the MA state court. However, if that statute of limitations is expired, then you have missed your statute of limitations to sue and the court holds that time is an absolute bar to filing.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 6 months ago
I was told there is case law that shows reasons similar to mine where cases were filed after the right to sue date and were heard in state court. Please let me know if you find some case law that reflexs the right to sue (in state or federal court) after the EEOC provides the right to sue deadline.
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your reply.

I provided you the current status of the case law I am sorry to say. The case law does not actually provide grace period after the time set by the law, which is why the Supreme Court said that date is "concrete."

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Customer reply replied 6 months ago
To add to your answer - there was an appeal of the termination with the organization (Termination in Feb, 2014 and appeal to that ended in May 2014. Therefore, what case law applies to when an appeal is in place?
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your reply.

That does not change your case regarding the statute of limitations, since your claim is based on the right to sue letter for discrimination, so your time runs from that letter under the law.

I wish I could tell you something better, I really do, because I hate to see employers get over on employees, but I cannot give you a case that does not exist as the cases all follow and cite the cases I have given above.

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Customer reply replied 6 months ago
relevant areas in the case law that may be applied to failing to meet the right to sue date by the EEOC. . There are 2 theories. The first is a provision that enlarges the time period for filing when you follow the grievance procedure in an employment contract (i.e. Appealing the decision). The second is that a termination is equivocal when there is an opportunity for the employment relationship to continue. Once I send you the info, let me know if you have any questions about it.
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Thank you for your reply
I have seen that copied and pasted on various websites online as well, but that is not the issue in what you said above, as much as you would like to try to manipulate it for your case. I provided you what the US Supreme Court said on your issue, which as you may know according to the US Constitution is the law of the land.
So if you have some evidence, which you have not shared with us up to this point, that fits your case into one of those very narrow exceptions, then please let us know.
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Customer reply replied 5 months ago
Can the right to sue date set by the EEOC and MDCAD, be extended when an attorney representing the case is disbarred and doesn't file by the right to sue date in State or Federal Court? I believe State Court has looser guidelines.I'm looking for cases that support the right to sue after the EEOC issued date -Below are some that appear to support - the right to sue after the Date set by the EEOC - (given there was an appeal that ended - several months after the 3 year period set by the EEOC.Below are the cases -
In an employment discrimination case, "the limitations period begins to run when the claimant receives unambiguous and authoritative notice of the discriminatory act." Morris, 27 F.3d at 749. If notice is equivocal, however, the clock may be tolled or simply never start to tick. See McConnell v. Gen. Tel. Co. of Cat, 814 F.2d 1311, 1317 (9th Cir.1987); Wheatley v. Am. Tel. & Tel. Co., 418 Mass. 394, 636 N.E.2d 265, 268 (1994); see also Angeles-Sanchez v. Alvarado, 1993 WL 147472, *3 (1st Cir.1993) ("[A] decision to terminate employment must be `unequivocal, and communicated in a manner such that no reasonable person could think there might be a retreat or change in position prior to the termination.'")."Representations of possible alternative employment within the company may toll the statute of limitations under the doctrine of equitable estoppel when the representations lull the employee into an untimely filing." McConnell, 814 F.2d at 1317. As the Supreme Judicial Court has commented, "a reasonable person who has been informed that his or her employment would be terminated on a specified date if he or she did not obtain another position within the organization by that date might not file an employment discrimination claim during this `transition period' because `[t]he filing of such a charge may prejudice any pending reconsideration of the [termination] decision.'" Wheatley, 636 N.E.2d at 268 n. 8.When the employer holds out the possibility of employment in other divisions or positions, the question becomes whether a reasonable person would have believed that there was a possibility that there "might be a retreat or change in position prior to the termination." Angeles-Sanchez, 1993 WL 147472, at *3. When, for example, the notice establishes a transition period during which the employee may seek other opportunities within the company prior to termination, or contains a promise to be reinstated to a specific position in the future, courts have deemed the notice equivocal. See Wheatley, 636 N.E.2d at 268 (applying federal case law to construing the federal anti-discrimination statutes to interpret ch. 151B claims);[2]Harrison v. Kraft Foods, Inc.,2007 WL(###) ###-#### *3 (D.Mass. Oct.30, 2007) (promise to reinstate employee when DUI charges were resolved rendered termination *143 notice equivocal).
Customer reply replied 5 months ago
Can the right to sue date set by the EEOC and MDCAD, be extended when an attorney representing the case is disbarred and doesn't file by the right to sue date in State or Federal Court? I believe State Court has looser guidelines.I'm looking for cases that support the right to sue after the EEOC issued date -Below are some that appear to support - the right to sue after the Date set by the EEOC - (given there was an appeal that ended - several months after the 3 year period set by the EEOC.Below are the cases -
In an employment discrimination case, "the limitations period begins to run when the claimant receives unambiguous and authoritative notice of the discriminatory act." Morris, 27 F.3d at 749. If notice is equivocal, however, the clock may be tolled or simply never start to tick. See McConnell v. Gen. Tel. Co. of Cat, 814 F.2d 1311, 1317 (9th Cir.1987); Wheatley v. Am. Tel. & Tel. Co., 418 Mass. 394, 636 N.E.2d 265, 268 (1994); see also Angeles-Sanchez v. Alvarado, 1993 WL 147472, *3 (1st Cir.1993) ("[A] decision to terminate employment must be `unequivocal, and communicated in a manner such that no reasonable person could think there might be a retreat or change in position prior to the termination.'")."Representations of possible alternative employment within the company may toll the statute of limitations under the doctrine of equitable estoppel when the representations lull the employee into an untimely filing." McConnell, 814 F.2d at 1317. As the Supreme Judicial Court has commented, "a reasonable person who has been informed that his or her employment would be terminated on a specified date if he or she did not obtain another position within the organization by that date might not file an employment discrimination claim during this `transition period' because `[t]he filing of such a charge may prejudice any pending reconsideration of the [termination] decision.'" Wheatley, 636 N.E.2d at 268 n. 8.When the employer holds out the possibility of employment in other divisions or positions, the question becomes whether a reasonable person would have believed that there was a possibility that there "might be a retreat or change in position prior to the termination." Angeles-Sanchez, 1993 WL 147472, at *3. When, for example, the notice establishes a transition period during which the employee may seek other opportunities within the company prior to termination, or contains a promise to be reinstated to a specific position in the future, courts have deemed the notice equivocal. See Wheatley, 636 N.E.2d at 268 (applying federal case law to construing the federal anti-discrimination statutes to interpret ch. 151B claims);[2]Harrison v. Kraft Foods, Inc.,2007 WL(###) ###-#### *3 (D.Mass. Oct.30, 2007) (promise to reinstate employee when DUI charges were resolved rendered termination *143 notice equivocal)
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