QUESTION

How long do I have to sue the employer after firing me in using the family medical leave act?

Asked on Mar 05th, 2014 on Labor and Employment - California
More details to this question:
I had a family and medical leave because I have chronic back and spine pain. I worked for a company and they fired me for using the leave when I called off and went to emergency room the state appointed me a person to investigate the case back in September 2012, I had to wait for the investigator to give me the right to sue. I had an attorney that was dragging his feet just to tell me that he couldn't take my case. My question is how long do I have to sue the employer that fired me?
Report Abuse

7 ANSWERS

General Practice Attorney serving Bingham Farms, MI at The Niskar Law Firm PLLC
Update Your Profile
*Generally, the deadline for filing a lawsuit under the FMLA (otherwise known as the "statute of limitations") is two years from the last event constituting the alleged violation for which the action is brought**, which is most oftentimes the termination itself. The FMLA allows for a three-year statute of limitations if you can prove that the violation was willful. However, it is EXTREMELY difficult to prove that an FMLA violation was willful, as the standards for doing so are EXTREMELY difficult to satisfy. You should not assume that you will be able to prove that the violation was willful, and thus be permitted to take advantage of the three year statute of limitations. Instead, you should always err on the side of caution, and assume that only the two year statute of limitations will apply.
Answered on Mar 07th, 2014 at 7:02 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
I believe you have 180 days but I don't have time to research your problem. There is a deadline. Get you a lawyer you trust and let him look into it you have complained about your boss; you have I think gotten the wrong agency, and you have complained about your lawyer. I suspect there is more to this matter than you tell us. Bosses don't usually fire good employees even for reason, much less for no reason. What is the other side of your case and you need to share it all with a lawyer.
Answered on Mar 07th, 2014 at 2:15 AM

Report Abuse
I do not know the applicable statute of limitations. Based on the facts stated, I do not know if you have a good case or not. Have you considered that when your lawyer said "he couldn't take my case" he just wanted to ditch a not-so-good case? I only answer GA questions. Since you said "the state appointed me a person to investigate the case" I conclude you are not in GA, since I know of no such investigators. Therefore, you should ask a lawyer in your state, if you can find one to take the case.
Answered on Mar 07th, 2014 at 2:08 AM

Report Abuse
Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
Update Your Profile
If the right to sue was from the DFEH you have one year from the date of issuance. If it's from the EEOC, it's a shorter period of time and states that time period on the letter.
Answered on Mar 06th, 2014 at 5:38 PM

Report Abuse
Admiralty / Maritime Attorney serving Monrovia, CA at The Law Office of Nathan Wagner
Update Your Profile
The most practical answer is: don't delay! You should talk right away with a local lawyer who specializes in wrongful termination or disability discrimination cases. Your question is actually more complicated than it appears at first, because you may have several claims, each of which has a different statute of limitations. If you have already received the right to sue notice, then time is already slipping away on that claim.
Answered on Mar 06th, 2014 at 5:37 PM

Report Abuse
Affirmative Action Attorney serving Oakland, CA at Burton Employment Law
Update Your Profile
If the DFEH investigated your case, after you receive your right to sue letter from it, you have a year to file a claim in court. After one year, your claim is untimely.
Answered on Mar 06th, 2014 at 5:37 PM

Report Abuse
Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
Update Your Profile
It depends on which State you are in if you will sue under State law and when you got the right to sue.
Answered on Mar 06th, 2014 at 5:37 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters