Legal Question in Employment Law in Pennsylvania

Statute of limitations

Pennsylvania has strict timelines and guidelines for filing a lawsuit against your employer for any reason Apparently you can not sue unless you first file with EEOC. Are there any circumstances where this statute of limitations can be appealed. i.e. breach of severance agreement? Do I have to go through EEOC or can I file a civil suit without going through this process? Thank you.


Asked on 4/02/06, 11:05 am

2 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Statute of limitations

What you're saying isn't true. EEOC only deals with discrimination cases. Unless your claim has to do with discrimination, there is no need to go to EEOC first.

You mentioned a breach of a severance agreement. In that case, it's a breach of contract case where the statute of limitations is normally 4 years. You need to consult an attorney to determine what kind of claim you may have, and whether or not the facts of your case warrant pursuing the matter.

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Answered on 4/06/06, 3:40 am
Edward Fronczkiewicz, Jr. Miksch and Fronczkiewicz

Re: Statute of limitations

The EEOC is empowered to investigate and only has jurisdiction over discrimination cases (sex, race, age, etc).

Thus, the statute of limitation to which you referred only applies to employment cases related to that subject area.

In your post you mentioned a severance agreement. I am assuming that the agreement into to which you entered waived all of your rights to bring a claim against your former employer.

Further, it sounds like your fomer employer has now breached that agreement and you are wondering what you can do about it.

You definitely have available to you all of the normal remedies that are applicable in breach of contract cases.

With regards to the EEOC, assuming you have a valid discrimination claim whether you can now bring such a claim (assuming th SOL has run) depends on factors which are too numerous to list here.

The bottom line is if you feel you employer has breached the severance agreement and you feel that you had a valid discrimination claim, you should seek the advice of an employment-labor attorney familiar with these issues.

I would be happy to discuss this matter with you, feel free to contact me via email ([email protected]) or click on my Attorney Profile Page for my other contact information.

Regards.

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Answered on 4/02/06, 11:54 am


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