Legal Question in Employment Law in Virginia

Age Discrimination

The three oldest Sales Engineers of my husband's company did not have their contracts renewed at the end of 2003 and were given no explanation. Repeated attempts to get this information by phone and E-mail failed. Other employees in the company were told they could not have any contact with them. These three men have been struggling to find another Sales Engineer position since that time to no avail. Is there a statue of limitations which would prevent them from filing age distrimination against this company?


Asked on 11/08/05, 1:23 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Age Discrimination

The time limits for filing a complaint under 29 U.S.C 626 (Age Discrimination in Employment Act)are 180 days from the date of the last alleged discriminatory act or in the situation where a state has its own antidiscrimination law and admimistering authority, 300 days from the last alleged discriminatory act or 30 days from the date of notice of termination of the state proceedings, whichever of the two is earlier.

In order to initiate action in federal court under this particular federal statute, one must first submit one's complaint to the EEOC within the above-referenced time frames. Only after the EEOC has investigated and issued a so-called right to sue letter, may one then proceed to file suit in the appropriate U.S. District Court.

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Answered on 11/08/05, 11:10 am


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