Posted 9:55 PM by Michael
For lack of a green card
..... No, not the kind typically associated with immigration issues, but the kind that accompanies certified mail and is used to prove when an item is received. Some time ago, the EEOC (at least where I practice) quit sending right to sue letters by certified mail. Since the time for filing a lawsuit is tied not to the date of the right to sue letter, but the date of receipt, it is easy to see the kind of problems that were certain to arise. Rather than having government certified (or quasi-government, depending on your view of the U.S. Postal Service's status) proof that the right to sue letter was received on a date certain it is now open to speculation. The 5th Circuit Court of Appeals has added its voice to other courts to at least provide a partial answer. When the date of receipt is uncertain or disputed, the Court will use a statutory presumption that it was received between 3 to 7 days after its date. In this case the court didn't need to be more certain since the suit was untimely regardless of which standard the court applied. Taylor v. Books A Million, decided 7/15/02.
The argument for the three days is the period applied in the Federal Rules of Civil Procedure for service of documents by mail. That would make sense, and hopefully will be the standard applied when the Court is forced to decide that issue.
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Hard to believe that it has been three years since I penned that first post. A particular thanks to Professor Ross Runkel, who is an incredible source of information on anything related to employment and labor law at LawMemo, who had these kind words on the occasion of the third anniversary of this blog:
"Jottings By An Employer's Lawyer" is a model of professional blogging by an attorney. Here is why:
Michael faithfully keeps to the topic of employment law.
He writes about important court decisions immediately after they are decided.
He includes serious articles that are relevant to employment lawyers, human resources professionals, and union representatives.
He presents his information in a clear manner.
He has a thing about million dollar verdicts (MDVs), and reports on them faithfully.That is a great compliment and a good summary of what I hope this endeavor provides for those who read it regularly or stumble across it in search of the type of information that it contains.
Thanks to all who have stopped by once or many times.