As busy lawyers, we deal daily with the dreaded statute of limitations. State of limitations is the legal term referring to the deadline by which a lawsuit must be filed. Perhaps no area of law deals with the SOL more than Personal Injury lawyers. So, there is always some temptation to “fudge” the record if
statute of limitations
Time for Charge Starts when Decision is Made
A frequent issue in discrimination cases concerns when does the time for filing a complaint start? The answer can be complicated when a teacher, for example, is notified her contract will not be renewed the next school year. Do her six months to file start when she is told she will not be re-hired, or…
Texas Whistleblower Protects State, Local Government Employees
Texas has limited whistleblower protection. Texas Government Code Sec. 554 protects public employees who report violations of law to the appropriate law enforcement agency. See statute. The Texas Whistleblower Act provides for a 90 days deadline in which to file suit. It also requires an employee to first file a grievance if the state…
Texas Statutes of Limitation
In the legal business, lawsuits are governed by deadlines referred to as “statutes of limitation.” A lawsuit must be filed within the applicable statute of limitation. A suit based on personal injury must be filed within two years of the act complained of. If the last day of the two year period falls on a…
The Deck is Stacked Against the Plaintiff
In many ways, the deck is stacked against the discrimination victims. Most folks who believe they have been subjected to discrimination put off seeing a lawyer. Many, a great many folks go directly to the EEOC, trusting in the federal government. The EEOC means well, but it is over-worked and under-staffed. Many EEOC workers are…
Texas Statutes of Limitation
Lawsuits are tricky. They must be filed within a certain deadline, known as "statutes of limitation." If a person misses the statute of limitation without a very, very good reason, that person cannot file the lawsuit. Statutes of limitations are very important. A suit based on personal injury must be filed within two years of…
The Missing Right-to-Sue Letters
I wish I had a dollar for everytime this has happened here in San Antonio or especially across the country. A person came to see me who did not receive his "right-to-sue letter" from the EEOC. It was sent four months ago, but he just now found out about it. He contacted the EEOC to…
The EEOC Does Not Notarize Charges of Discrimination
All too often, someone who filed an EEOC charge comes to see me with their right-to-sue letter in hand seeking representation for a lawsuit. Unable to accept their case, i discus the alternatives. I review the deadline with the potential client: 90 days for federal court and 2 years for state court. Looking more closely…