You Must File A Lawsuit Within 90 Days of Receiving Right To Sue Letter

By Thomas McKinney

Have you filed a complaint or charge with the Equal Employment Opportunity Commission? You may be aware that you have a certain statute of limitations period. However, the EEOC’s may issue you a right to sue letter which will require you to file a lawsuit within 90 days of receipt. If you do not file a lawsuit within the 90 days, then your lawsuit may be time barred.

You are not required by New Jersey employment law to file a complaint with the EEOC before filing a lawsuit. We typically recommend that you train an employment attorney first and then decide whether filing with the EEOC may be a worthwhile undertaking.


About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.