Trial lawyers specializing in personal injury and civil litigation
ourt upholds six-month statute of limitations contained in employment application
Maria Mendoza went to work for Gorno Ford ELC, LLC. She was terminated some time later and attempted to file a wrongful discharge action. The Court dismissed her case. Judges Kirsten F. Kelly, Christopher Murray and Stephen Borello ruled that she was bound by the six-month statute of limitations that was contained in the fine print of her employment application.
Even though someone wronged by discrimination or another illegal act normally has three years to sue, the judges ruled that an employer can wipe out the legal statute of limitations simply by including a shorter time limit in its employment application. They also ruled, implicitly, that a six month time limit is "reasonable." They will probably complain over cocktails that people are too eager to rush to a lawyer, even though they allow the law to punish people who don't consider filing a lawuit instantly.