Here’s a case that hinged on the statute of limitations for employment-based lawsuits–and how failure to post a basic federal and state labor law poster cost The Claridge Hotel in Atlantic CIty big time.
Two Chinese national employees were dismissed by the hotel after one, a male chef, accused the other, a female room attendant, of sexual advances. After eventually speaking to lawyers, both filed claims of discrimination based on race and national origin–but they filed them after the 300-day statute of limitation had expired.
Crafty lawyer for said Chinese nationals, however, argued that the statute should be extended because the hotel had posted no notification of the employees’ civil rights under American law and that the two were unaware such laws even existed since they didn’t exist in their homeland.
Crafty lawyer prevailed, and judge sent the issue to jury trial, where big bucks are at stake.
The court put it this way: “An employer’s failure to post the required notices of anti-discrimination laws will equitably toll the 300-day limitations period until such time as the employee learns or reasonably should have learned of her rights through some other means.”
Moral: Get your applicable state and federal labor law posters now and keep them displayed prominently in all applicable languages.