Employment Lawyers in Virginia Beach – Missing Deadlines Hurts
Written by our employment lawyers in Virginia Beach
When you want to file a lawsuit against your employer, you must be on your toes and know all the rules that go along with such an endeavor. A simple matter like missing a deadline can kill your chances of having a successful court case.
For example, in Moyer v. Shirley Contracting Co. LLC, the employee waited too long before filing his age discrimination lawsuit. He properly filed a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC investigated his claim and mailed Plaintiff a copy of Notice of Right to Sue. By law, the Plaintiff must file his lawsuit within 90 days of receiving this Notice. If the date of receiving this Notice is disputed, there is a legal presumption that it was received three days after the date of mailing.
In this case, the employee eventually filed a lawsuit but it was after the 90-day period expired. The defendant employer moved to dismiss the case as being untimely. The plaintiff claimed that he never received the Notice so the 90 days never began to run. The Court determined that the employee’s evidence was insufficient to overcome the presumption that he did receive it, and thus the case was dismissed.
Retaining an employment lawyer during the period of time when you first file a charge with the EEOC can be critical. An experienced employment lawyer will be able to keep track of all important deadlines and can help ensure that your case is not dismissed due to a technicality. If you go it alone and miss a deadline, you could jeopardize your important lawsuit. This applies to all types of claims including disability discrimination, sexual harassment, and religious discrimination.
For more than a decade, our employment lawyers in Virginia Beach have successfully handled employment law matters such as racial discrimination claims, disability claims, age discrimination, and unpaid overtime claims for individuals throughout Hampton Roads, including Norfolk, Chesapeake, and Portsmouth.
If you feel your rights have been violated through age discrimination, please call us immediately at (757) 432-2500 or use our online form below. Make sure your rights are protected!
Employment lawyers in Virginia Beach serving Chesapeake, Norfolk, Portsmouth, and all of Hampton Roads.