Discrimination deadline passed?

Dear Mel:

I think I may have a big problem. I was the victim of age and sex discrimination at my job 2 and 1/2 years ago. I retained an attorney who requested mediation with the PA Human Resources Commission. That office sent a letter in June of 2005 saying we could sue but my lawywer sat on it and has done nothing. Did the time pass now? What recourse do I have?

1 answer  |  asked Nov 25, 2005 09:15 AM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
You probably still have time to sue even if the PHRC notified you of your rights to sue last June.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, you probably still have time to sue even if the PHRC notified you of your rights to sue last June. Generally, the PHRC will send a letter notifying you that you MAY withdraw your case and sue in court after the PHRC has had the case for 1 year. If the PHRC finds against you, you have two years from the date you discover that the PHRC will dismiss your case in which you MUST sue or lose your claim. The trigger date is when you find out your claim will be dismissed, which can be earlier than the date of actual dismissal.

Without looking at your documents, however, I cannot determine whether your time for suit has actually passed; furthermore, you may have a concurrent federal claim before the EEOC that may have elapsed. In all liklihood, however, based on the facts in your question, your time to sue has not passed.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Nov 25, 2005 09:59 AM [EST]

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