Legal Question in Employment Law in New York
Statue of Limitations - Process Serving
Four years ago I was informed by my current employer that they were being sued for wrongful termination and religious discrimination by a former employee that I had supervised. The case has just recently reached the deposition phase and I was called in last week to give mine. I showed up last week and for the very first time was informed that in addition to my employer, I too was being sued personally. My question is since I have never been served or officially notified that I was being sued personally and only found out by accident four years later after showing up to give a deposition in what I though was an action brought solely against my employer, do I have any grounds to have the lawsuit dismissed? I am thinking that there must be some sort of statue of limitation on what constitutes being served in a timely manner, which by the way, I still have not been served, only told that I am being sued as well by the attorneys present at the deposition. Any advice or insight into my rights here would be greatly appreciated. Thank you.
2 Answers from Attorneys
Is your employer representing your interests?
You need to know who is bringing the suit, an individual or a government agency such as the EEOC. Also, you should look at the caption, or title of the action to see whether your name appears.
Employment discrimination cases are very complicated procedurally, and they usually start with the individual filing a complaint with an
agency such as EEOC. After an investigation, there is a finding of cause or no cause by the agency.
If the agency finds probable cause there is a good chance they are also pursuing the case.
There is a big difference between a suit by an agency and an individual who, after the investigation, is turned down but pursues his option to sue.
In the latter case the rules regarding process service are more likely to be observed and you should be served personally.
The EEOC is more interested in companies.
No matter what, the most important thing for you to determine is whether your employer has insurance for this type of claim, and whether the insurance company is providing you with a defense.
Re: Statue of Limitations - Process Serving
Is it possible that your employer's attorney is representing you and put in an answer on your behalf as well? Before doing anything you need to find this information, if not, you need to hire a private attorney immediately.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
