If you follow the news, you are familiar with Goldman Sachs’ current spotlight in the hot seat. And you may know that the Securities and Exchange Commission used a Goldman Sachs’ employee’s e-mail to draft its historic complaint against the company for fraud, which also brought Congressional hearings in which Goldman Sachs’ executives have to testify, as well as intense media scrutiny. Local employers should use this financial giant as a cautionary tale.
There are a variety of reasons that it may be better to wait before suing, often having to do with determining the amount of damages to demand in the lawsuit. However, waiting too long to sue may legally prohibit you from being able to do so.
Almost every law provides a window of time after the facts of a case arise during which a suit may be filed. This window of time is called the Statute of Limitations (“SOL”). The size of the window will depend on the law which provides the right. After the time period has ended, the SOL is said to have “tolled.” California Code Civ. Proc. (“CCP”) § 312. The rules for how a SOL tolls are complicated. However, if you are thinking of filing suit, you should be aware of a few basic rules.
Identifying which employment laws affect which employers is sometimes a difficult exercise, despite all of the available information. Sometimes, it takes a careful read of the applicable statutes and regulations to determine a law’s applicability. For small Humboldt County employers, the first question in a discrimination complaint or lawsuit is whether a state or federal law even applies to the employer. Many laws that apply to California employers require a minimum number of employees before the law is applicable. As a general rule of thumb, California state discrimination laws (concerning protected classes such as race, gender, national origin, religious affiliation, etc.) apply to employers with five or more employees. Additionally, employers with five or more employees must comply with laws prohibiting pregnancy discrimination.
As Humboldt County lawyers, we are seeing many requests for early releases from the Humboldt County Correctional Facility and prison based on new legislation to address overcrowding. Crime victim advocacy groups have recently joined California lawmakers in filing a lawsuit against new potential legislation that would allow the state to release around 6,500 inmates this year before their prison sentences ended. The new legislation would conflict with a voter-approved initiative that prohibits early releases to solve overcrowding problems, the lawsuit alleges. Inmates that could qualify for release may have been convicted of domestic violence, child and elder abuse, and 19 different sexual assault crimes.
Michael Gardner and Dana Littlefield, San Diego Union Tribune 03/29/2010.
Read Article: San Diego Union Tribune