Quantcast
Home / Courts / Labor & Employment – Civil Practice – State & Federal Claims – Statutes of Limitation – Res Judicata (access required)

Labor & Employment – Civil Practice – State & Federal Claims – Statutes of Limitation – Res Judicata (access required)

Smith v. Bank of Stanly When plaintiff received her right-to-sue letter from the N.C. Department of Labor on May 12, 2009, she had 90 days from that date to file her state-law claim. Since plaintiff did not receive her right-to-sue letter from the Equal Employment Opportunity Commission until Aug. 19, 2009 – more than 90 days after she received her letter from the state – plaintiff could not have filed both her state-law and her federal-law claims in one action because her state claim would not have been timely filed if she had waited for her federal right-to-sue letter before filing.

Leave a Reply

Your email address will not be published.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

*