New Case from the 6th Circuit comments on the statute of limitations involving an employment claim.

The Sixth Circuit reminded us today of the strict time limits that apply to employment claims arising under federal law. A criminal investigator for the IRS first filed an administrative charge of discrimination alleging sex and race discrimination. The Department of Treasury investigated the charge and rejected it. Faced with this dilemma, a claimant who wishes to continue to pursue civil remedies must file a civil action in court within 90 days of receiving a rejection from the administrative agency (because this was a federal employee, the administrative agency that employed him provided the rejection, in non-federal employee matters it is normally the Equal Employment Opportunity Commission or a state level equivalent that issues the rejection). The court reminded us the 90 day limitations period is presumed to begin on the fifth day following the mailing of notification to the claimant. To overcome this presumption the claimant better have solid evidence that notification was received after the 5 day grace period, such as a certified mail receipt. Additionally, claimants should not presume the time period is tolled until their lawyer receives notice. It does not. The time period begins once the notice is received by the claimant or the claimant’s lawyer, whichever comes first.
Rembisz v. Lew, No. 15-2279 (6th Cir., July 27, 2016).

Leave a Reply

Your email address will not be published. Required fields are marked *