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Statutes of limitations are the legally prescribed time limit in which a lawsuit must be filed. It is a set of laws that set the maximum period of time within which a lawsuit or claim may be filed in the proper court or tribunal.
In most states and jurisdictions, statutes of limitations are not merely part of procedural law but it is considered as a substantive law in itself.
The application of the Statutes of limitations varies according to the following considerations:
1. Vary from state to state
2. from jurisdiction to jurisdiction
3. Considerations of federal or state law
4. types of legal claims
The Purpose
The statutes of limitations serve two practical purposes:
1. To protect any potential defendants from lasting risk for a lawsuit
2. To ensure legitimacy of the lawsuits where evidence and account are still fresh
The Component
The application of the statutes of limitations are not only limited to the prosecution of a criminal case or ventilation of issues in a civil case. Administrative adjudication has also its own sets of statutes of limitations in all claims filed therein.
Most particularly in the area of employment laws, the constituting agencies tasked for the enforcement of specialized employment field have their own set of time-bar in filing claims for adjudications. In the proceedings before labor agencies, strict adherence to the statutes of limitations is being practiced for expediency in resolving labor disputes.
The Interruption
The running of the period of statutes of limitations generally arises when the wrong has been done or the same was discovered or violation is suspected.
The filing of the proper suit in court or tribunal would serves to interrupt the running of the statutes of limitations. On this score, the claim is considered as timely filed, thus, would be given due course.
The Violation
Unlike a violation of a general statute where specific penalty are imposed, violations of statute of limitations have the effect of abrogating your right to claim redress. Differently put, your claim would not be entertained by the tribunal, or if filed beyond the time-bar, to have it dismissed.
The significance of the statute of limitations in employment laws
Like any other claims (civil, criminal or other administrative claims), employment claims are not exempted from the application of this precept.
In fact, most administrative tribunals who are handling varied employment disputes or claims strictly apply the statutes of limitations as part of their resolution procedure.
Following the strict time limits has become a tool in advancing the interest of both parties in a labor dispute.
Take the case of the Equal Employment Opportunity Commission (EEOC), where all laws enforced by said agency followed a strict adherence to the statutes of limitations.
A synopsis, a charge within the cognizance of the EEOC must be filed with within 180 days from the date of the alleged violation, in order to protect the charging party's rights.
Torrance Employment Lawyers
Statute of limitations is part of the consideration when you are considering the filing of claims in courts or tribunals. It cannot be neglected or be taken for granted, otherwise all your claim must necessarily fail.
When you have an employment claims it is important to speak with an employment attorney as soon as possible. In Torrance California, a large number of qualified employment lawyers made to service. Torrance employment lawyers are very keen in dealing with their client’s claims. They offer a responsive approach in pursuing their client’s claims or interests. They are proven to timely make out a case expeditiously.
Category: LawStatutes of Limitations’ Implications in Employment Laws was written by:Author:Claysphere RiveraAdded: Thu, 19 Jun 2008 01:36:51 -0400 This Article Has Been Read 67 times View all Claysphere Rivera's articlesAbout the Author: Our expert personal injury attorneys can help you pursue your claims and recover from your injuries such as http://www.expertlosangelesattorney.com/SpinalCordInjury.html For more information, you can visit our website and avail of our free case analysis. |
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