Employment Attorney Ron Poliquin talks about filing a charge of discrimination to dismiss a federal or state employee in Delaware.
Charge of Discrimination
I'm here to talk about this statute of limitations regarding filing a charge of discrimination to bring a federal or a state employment case. In Delaware, and I'm going to say in any part of the country, as a precursor or prerequisite for bringing a statute based on this lawsuit, based on discrimination, you must file a charge of discrimination with the EEOC (equal employment opportunity commission) or the Department of Labor.
Now, when do you have to bring that charge? Usually it is within 300 days of the date of the Discriminatory Act. So, within 300 days, just think about that, that's less than a year. In other words, there are other statute of limitations out there. Breach of contract is 3-years. Statute of limitations means how long do you have to bring a claim. If you do not bring it within that time frame you're basically screwed. You cannot bring the claim, SOL can mean something else other than statute of limitations.
Breach of contract claims are 3 years, personal injury claims are 2 years, civil rights violations are 2 years. Employment discrimination claims? You must bring that claim within 300 days; less than a year. That's why it's so important for you to see an employment lawyer right away if you think you have some type of claim. Know what your rights are. Know that if you do not bring a charge of discrimination within that 300 days, you could lose those rights forever.
Very strict time limitations, there's a very strict procedure. That is one of the reasons why you probably want to see an employment discrimination attorney or employment lawyer. 300 days with a charge of discrimination. You must bring it to the Department of Labor or the equal employment opportunity commission. They also do dual charges meaning they will have a dual charge by both the EEOC and the Department of Labor. You don't have to have two charges of discrimination.
A little insight on how fast you must bring a claim of charge of discrimination before you lose it. It's Ron Poliquin here, your employment lawyer at DoverLawOffice.com.