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MDLaw, Attorney
Category: Legal
Satisfied Customers: 6135
Experience:  Experienced attorney in contract law, litigation and employment law
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What is the staute of limitations to file suit against an employer

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What is the staute of limitations to file suit against an employer in Georgia for termination without just cause. The employer was a contract security provider on a military base in Georgia. I was covered under a collective bargaining agreement, filed a grievance but the union fgailed to provide duty of fair representation because I was not well liked (always took unpopular ethical stands). Union will not provide me with written result of grievance procedure and will not return my calls. The union just says that it was settled some time last year. I never received consideration and the union vice president says that nothing came by him.
I filed a complaint with the EEOC office within 180 days for retaliation under the ADA (pending). I maintain that I was fired in retaliation ffor threatening to file a complaint under the ADA for a corporate policy that prevents all forms of accomodation of work schedules for any reason.
The AG DOL determined I was wrongfully terminated.
Submitted: 8 years ago.
Category: Legal
Expert:  MDLaw replied 8 years ago.
The federal ADA law does not itself establish a statute of limitations. Therefore, it's a matter of looking at what GA would consider to be the statute of limitations. Based on GA case law, it appears that the courts have ruled that the statute of limitations for a person to file an ADA lawsuit is 2 years from the date of the alleged violation.
Customer: replied 8 years ago.

The EEOC office said that I filed within the 180 days allowed and that I will have 60 days to take them to court if the EEOC determines that my case has merit for a charge of retaliation.

I want to know what the statute of limitations is for filing a lawsuit independant of the ADA on its own merits for termination without just cause or wrongful dismissal. I am not sure exacxtly what the legal term would be.

I was the only employee ever fired in this manner and there are other employees who were not fired for doing the same thing. I was on a team with 2 other officers and they were not fired.

I had actually summoned the military police and they were responsible for delaying the customers as they were in charge and fully responsible.

Expert:  MDLaw replied 8 years ago.
Is your suit for retaliation or an ADA suit? If it's an ADA suit, it would be 2 years.

I don't understand what you mean you say a lawsuit independent of the ADA. The SOL depends on what the lawsuit is. Without knowing the basis of the suit, I can't tell you what the SOL would be.

Customer: replied 8 years ago.
I am not sure what the term for the legal basis would be. I was fired for doing somthing that the Military Police had actually done as I was not in charge.
They fired me contrary to the CBA and employee handbook.
They figured that they would just fire me and see if they could get away with it.
I was told to file a rebuttal and when they claimed to agree with my rebuttal and then completely ignored it by acting in bad faith. They even went so far as to fire the Manager that agreed to rehire me.
Can you give me.
Expert:  MDLaw replied 8 years ago.
If you had a collective bargaining agreement and you believe that your employer violated that CBA in terminating you, that would be a breach of contract case. Since you have already filed an EEOC claim, I would advise you to retain local counsel as soon as possible. I generally advise people to seek and retain local counsel before filing an EEOC claim. That would be your best course of action if you intend to file suit.
Customer: replied 8 years ago.
I am seeking local counsel but it is difficult because their are conflicts of interest. Most law firms here represent employers and unions. I have not received duty of fair representation from the union.
It appears that I must wait for th eeoc to determine whether I have a case after their investigation. I am told that it may take 2 years. I am also told that because they are taking so long it is an indication that the case has merit or they wouild have dismissed it before 180 days.
I don't want to wait for the EEOC. I want to take Wackenhut to court while I am waiting for the EEOC. There is a possibility that they may want to settle out of copurt because they will lose the case.
I feel very strongly about not letting them get away with this as I cannot get a job anywhere because of this. It is a good thing that I do not have to work or I would really be in trouble.
They have lied and made false staements in writing that have ruined my reputation and employability.
Expert:  MDLaw replied 8 years ago.
You would need to wait for the EEOC to give you a right to sue letter in order to be able to sue them civilly. You can call the bar association in your county to ask for a referral to an employment/labor attorney.
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