Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Can I file a harassment case 2.5 years after it first

Customer Question
Can I file a...

Can I file a sexual harassment case 2.5 years after it first happened.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California. I complained to HR but didn’t take it any further. I am re experiencing trauma

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Union full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The person has been fired from their current job and is telling the media the allegations were unsubstantiated

Submitted: 6 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 minutes by:
2/11/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 6 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

In employment law, no you would not be able to. You have to file a complaint within 300 days of the last act of discrimination/harassment in order to preserve the right to sue.

Unfortunately, you have also passed the personal injury time frame of 2 years.

I am sorry that you are being re-traumatized, but unfortunately that does not renew or restart any statute of limitations.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
20,636 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,636 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
A harassment incident has been reported to us, small company
A sexual harassment incident has been reported to us, small company in Texas, are we ok if we fire the offender? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A coworker was fired because a supervisor reported him for
A coworker was fired because a supervisor reported him for sending a sexual text to her personal cell phone during work hours … read more
Thelawman2
Thelawman2
Doctoral Degree
1,752 satisfied customers
Can you sue your previous employer if your old boss was
Can you sue your previous employer if your old boss was harassing you verbally and sexually but you were terminater from that job? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I recently exposed a harassment issue at my job (been going
Hi! I recently exposed a sexual harassment issue at my job (been going on for years before I started) and did it in an anonymous survey but now am being treated differently by coworkers who didn't wan… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can my employer fire me for what I have on my social media
Can my employer fire me for what I have on my social media account? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,294 satisfied customers
General manager utility company that I sub for come on the
General manager utility company that I sub for come on the job and disrespected me asking me to go behind the trailer and suck his dick my dick sucking gestures in my face for no reason whatsoever he … read more
Michael Bradley
Michael Bradley
JD
1,671 satisfied customers
Is it legal for me to get fired for shoving a co-worker and
Hi, is it legal for me to get fired for shoving a co-worker and cussing him out because I lost my temper? He's been sexually harassing me and calling me names for a few months. … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,555 satisfied customers
I was a 26.8 yr veteran Deputy Chief of a local LE Agency.
i was a 26.8 yr veteran Deputy Chief of a local LE Agency. After filing an EOC complaint against my Chief and his secretary, Also being confronted by a newly appointed Assistant Chief that I felt he w… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,543 satisfied customers
My husband was informed by his staff (not his direct supervisor)
My husband was informed by his staff (not his direct supervisor) that he was fired for sexual harassment. He has yet to be approached by his employer stating that he is indeed terminated, and he was n… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,294 satisfied customers
My employer is investigating supposed inappropriate behavior
My employer is investigating supposed "inappropriate" behavior in an off-site camping trip. It was after-hours and our boss had long finished his business discussion from the afternoon; we did get pai… read more
socrateaser
socrateaser
1,031 satisfied customers
I am a municipal employee, assistant fire marshall , who has
I am a municipal employee, assistant fire marshall , who has been wrongly accused of sexual harrassment. I am the accuser's supervisor who I reprimaned her 3 months ago for being late to arrive at wor… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
i have been sexually harassed on my job since starting working
i have been sexually harassed on my job since starting working there as of 11/05/2007 with full knowledge of the people in charge. It has been constant, unrelenting and happened the week of 05/2010 i … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I recieved an email that was sent out to several members of
I recieved an email that was sent out to several members of management and Hr claiming retailiation for a sexual harassment claim. Many people were accused of smaller harassment but I was named often … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
My Daughter has worked with a firm for 6 years, went on a business
My Daughter has worked with a firm for 6 years, went on a business trip with her Superviors where he made sexual advances to her. When this happened, she immediately picked up her stuff and left, taki… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I was recently hired by a company (under a year) and was transferred
I was recently hired by a company (under a year) and was transferred to a different team about two months ago. Since transferring, I have been experiencing frequent sexual harassment from a co-worker … read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
If my boss is making very unprofessional yet joking remarks
If my boss is making very unprofessional yet joking remarks about my and my work partners sexuality and we are afraid for our jobs if we complain, should we file a complaint through our company?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I am a sales rep in the food industry. My boss is constantly
I am a sales rep in the food industry. My boss is constantly trying to bully me and intimidate me that he is going to fire me over nonsense issues. He also tells me to "take one for the team" when I a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Recently I was counseled by my supervisor about written ...
Recently I was counseled by my supervisor about written allegations that one of my co-workers had seen me smoking marijuana while on the job. There was another statement stating that a co-worker had s… read more
Family Physician
Family Physician
Doctoral Degree
140 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x