Legal Questions/FAQ

Legal Questions

Statute of Limitations

How long can I wait before I have to file my case?

For many claims of employment law, including discrimination based on age, sex, religion, disability, pregnancy and national origin, you must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days of the adverse employment action.
An adverse employment action includes termination, demotion, failure to promote, reduction in work hours, unfavorable job assignment or involuntary transfers. 
This means that if you are fired you have a few days short of six months within which to file the charge of discrimination or your claims may be lost forever. Claims for race, sex, national origin, age, genetics, or disability discrimination rely on the shortened time frame of six months, but in some circumstances, race discrimination claims have a longer statute of limitations of two years.
Under other laws handled by this firm, including the Family Medical Leave Act, Workers’ Compensation Retaliatory Discharge claims, Jury Duty Retaliation Claims, state tort claims for things such as assault and battery and invasion of privacy, all of these claims carry different statutes of limitations. 
If you believe that you may have a case under employment law, you would need to check with us to see whether or not your claim can still be timely filed.

EEOC

Equal Employment Opportunity Commission

The federal government agency, the Equal Employment Opportunity Commission (EEOC) has responsibility under federal law for investigation of claims arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. 
This means that as a prerequisite to filing suit in court, a charge of discrimination must first be filed with the EEOC for matters such as discrimination based upon age, sex, national origin, disability and various types of retaliation.
If you have a claim of discrimination that can be pursued by one of the laws covered by the EEOC, we will prepare the charge and then file in with the EEOC on your behalf.
The EEOC does not have responsibility for many other employment laws that are handled by this law firm. If you believe you have a claim of employment law, you should Call Attorney Allen D. Arnold today at 205-252-1550 for a free consultation or fill out our Confidential Consultation Form.
If you have already filed a Charge of Discrimination and want help with this process, you should call Attorney Allen D. Arnold today at 205-252-1550 for a free consultation or fill out our Confidential Consultation Form.  

What is a Mediation?

Mediation is a process wherein you and your former employer engage with a neutral-third party to bring about a resolution of your claim. The Equal Employment Opportunity Commission offers a mediation program, and mediations are often conducted at the direction of the Court or voluntarily by the parties.
If you filed a Charge of Discrimination and are not represented by an attorney and the EEOC contacts you about attending a mediation, please contact us as we are happy to see if we can assist you.

What Are Your Responsibilities Under the FMLA?

If you notify your employer that you need to take FMLA Leave, the employer should provide you with a form certifying the need for leave. Many times the employer will use a government form such as the those found on this page: https://www.dol.gov/whd/fmla/2013rule/militaryForms.htm
You must return a signed doctor’s certification within 15 days of your employer giving you an FMLA Certification Form.

Am I disabled under the Americans with Disabilities Act?

A disability under the Americans with Disabilities Act requires that the person have a “physical impairment” or “mental impairment” that substantially limits the person’s ability to:
  • Care for oneself
  • Perform Manual Tasks
  • See
  • Hear
  • Eat
  • Sleep
  • Walk
  • Stand
  • Lift
  • Bend
  • Speak
  • Breathe
  • Learn
  • Read
  • Concentrate and/or think
  • Communicate 
Disabilities also include functions of the following: 
  • Immune System
  • Normal Cell Growth
  • Digestive, Bowel and/or Bladder Functions
  • Neurological and/or Brain Functions
  • Respiratory and/or Circulatory Functions
  • Endocrine Functions
  • Reproductive Functions 
An impairment must substantially limit one of the major life activities above, specifically if it significantly restricts or prevents a person performing the activity as compared to an average person in the general population.

Should I file for unemployment compensation benefits?

Unfortunately, if you are terminated and file a claim for unemployment compensation benefits, an adverse ruling can have a detrimental effect on your case. If you think you have a case, prior to filing a claim for unemployment compensation benefits, contact Attorney Allen D. Arnold at 205-252-1550 for a free consultation or fill out our Confidential Consultation Form.  

Should I file for Social Security Disability Benefits?

Unfortunately, if you are terminated and file a claim for Social Security Disability Benefits there is a risk that your lawsuit may not be able to recover monetary damages. When you file for such benefits, you are saying that you are unable to work, thereby allowing your previous employer to argue that you are not owed any back-pay wages. 
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