Legal Question in Employment Law in Utah

Discrimination Complaint before a Corporate Merger: Does the new combined entit

Regarding a claim of discrimination, my Company is heading down the merger path in the next 6-nine months, possibly sooner. I want to file and sue the employer, but am concerned the company files a chapter 11 bankruptcy and merges I will have no entity to sue. Is that correct?


Asked on 8/13/00, 8:53 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Discrimination Complaint before a Corporate Merger: Does the new combined e

You have only a short window of opportunity to file your claim with the EEOC (Equal Opportunity Employment Commission) in SLC. If you wait more than 6 months from the date of the event your claim may expire. If your company is headed for merger your claim may get faster attention so it is not something which the new company has to deal with - there may be other motivations to settle. EEOC Claims are priority claims in bankruptcy and are paid ahead of most other claims, so you should not worry too much about bankruptcy. You may wish to call and talk about your discrimination claim. There is no charge for an initial consultation.

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Answered on 9/19/00, 10:31 am


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