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Thomas J Gagliardo's Answers

Thomas J Gagliardo
Silver Spring Discrimination Lawyer.
Contributor Level 6

1

Attorney answers:

  1. Thomas J Gagliardo

Does statute of limatation tolls when the case is commenced and sent to human right commission

Asked by a user in Bethesda, MD - 23 days ago.

Law suits to enforce the federal Family and Medical Leave Act must be filed within two years, unless the violation is willful in which case suit must be filed within three years. FMLA is enforced by the U.S. Department of Labor, not the EEOC or a state or county human rights commission. According to at least one federal court of appeals, one is not required to file anything with the Labor Department before filing suit in court. (Churchill v. Star Enterprises, 183 F.3d 184, 190 (3d Cir. 1999))....

1

Attorney answers:

  1. Thomas J Gagliardo

Is this workplace discrimination

Asked by a user in Great Bend, KS - over 3 years ago.

I always inquire about three things: (1) does a potential client have contractual rights or they at-will -- these days most people are at-will; (2) was she/he fired in violation of public policy (not the usual case); and (3) has a statute been violated (Title VII of the Civil Rights Act, Americans with Disabilities Act; other federal, state or local laws). Because you have only asked about discrimination I will skip discussion of the first two items, except to say that at-will employees can...