Item: Lenzo & Reis, LLC
Rating: 5
Author: John

Court Says a Six-Month Time Limit on Lawsuits Is Unfair

Do you know how much time you have to bring a lawsuit if your employer discriminates against you? The New Jersey Supreme Court just decided an important case addressing this very question.

Rodriguez vs. Raymour & Flanigan

Sergio Rodriguez was a truck driver for the popular furniture retailer Raymour & Flanigan. One day, he suffered a knee injury on the job and had to file for workers’ compensation so he could take some time off from work to have surgery and recover. Three days after he returned to work full-time, he was laid off.

Although the company said they laid Rodriguez off because he was not doing a good job, Rodriguez thought he was fired because of his knee injury and because he had filed a workers’ compensation claim for his knee injury. He filed a discrimination lawsuit under the New Jersey Law Against Discrimination (LAD).

LAD claims are governed by a two-year statute of limitations, which is the time limit for bringing a lawsuit. Rodriguez assumed that his suit, which was brought only nine months after he was laid off, was timely.

However, the trial court dismissed his case based on an agreement he signed when he was first hired by Raymour & Flanigan providing that he had to bring any lawsuits against the company within six months.

Rodriguez admitted that he had signed the contract limiting his time to bring a lawsuit to six months, but he did not think it was fair to hold him to it. He was not able to speak or read English very well, so a friend had helped him fill out his contract when he was hired. He did not remember the friend telling him anything about the 6 month time limit.

This case went all the way up to the New Jersey Supreme Court, and the Court ruled that companies cannot force their employees to agree to a case-filing deadline shorter than the two-year limitations period the courts have applied to LAD claims. This is great news for employees! Employers should not be allowed to force people to give up legal rights to get a job.

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"Professional and Knowledgeable Attorney. At what was supposed to be the highest point in my career suddenly became the most harassing and lowest point of my career and I was passed over for a promotion. Not because the other person was more qualified than I was, but because I followed the law and did the right thing and the people I worked for did not like that. After researching several attorneys, my wife and I found Claudia, and the decision to retain her was the best decision we ever made. After explaining our case to Claudia, we found that she was not only extremely professional but a very caring human being. Throughout the entire process of our case, Claudia was there with us every step of the way. She explained every single proceeding that we had to go through and guided us, not only as a professional attorney in and out of court, but personally as a caring and understanding person. Because of her extensive working knowledge of employment and labor laws, Claudia was able to successfully resolve our case. My wife and I will always be extremely grateful for Claudia’s hard work and dedication, and we highly recommend Claudia Reis to anyone seeking an attorney who practices in employment and labor laws." John

"Professionalism, integrity, and determination. Outstanding representation! Chris Lenzo did an outstanding job in my employment discrimination case. He responded to my questions in a timely fashion, provided clear communication through each step of the process, and handled my case in an honest and straight forward manner. Chris’s expertise in employment law along with his hard work ensured justice would prevail in my case and got me the compensation I deserved. Likewise, Chris’s law firm staff was professional, courteous, organized, and effective. I highly recommend Chirs Lenzo’s firm to anyone with an employment legal matter in New Jersey or New York." Sofia

"Remarkable professional. I have worked with Ms. Reis and her firm for the past three years. During the consultation process, you will immediately experience her compassion as she offers suggestions and guides you through the difficult situation you are dealing with. Her attention to detail, timely follow up and candid manner ensured me that I was well-protected and represented. Ms. Reis always went above and beyond to protect me legally. She is a very strong and tough (when necessary) advocate for the individual she represents. Her support staff is equally diligent. I would recommend her without reservation." A.M.

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