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How long does a person have to file an EEOC complaint for unlawful termination and age discrimination?

Albuquerque, NM |

My spouse, age 62, was given the choice of being fired or resigning one-week ago for allegedly "falsifying a document." She denied the accusation but under duress and fear of reprisal (loss of pension), she agreed to resign. She had worked for the company for 31 years and had never had a negative evaluation. She says that in the last year several other long-term employees have suddenly resigned and left the organization. No goodbyes. No explanations.

Attorney Answers 1

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It is of course illegal to discriminate on the basis of one's age. An aggrieved employee has one year from the date of the last discriminatory conduct to file a complaint with the Department of Fair Employment and Housing.

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