You may have agreed to shorten the statute of limitations applicable to your claim by signing a statement to that effect. Such statements can appear on an employment application, and you may not be aware that you have signed one. It is also possible that you have signed a mandatory arbitration agreement containing time limits. These agreements or waivers may supersede the normally applicable statute of limitations. You should review your personnel file carefully for any agreement limiting your time period to file a case, or your ability to file a lawsuit in court, and let us know if you find one. If you have not yet obtained your personnel file, you need to make a written request to the company pursuant to Michigan’s Bullard-Plawecki Employee Right-to-Know Act. Click here for information about obtaining your file.

If your case involves harassment or another adverse action short of termination (such as being passed over for promotion, being demoted, or disciplined), you should create a timeline of these events. It is possible that incidents that occurred outside of the statute of limitations period will be excluded from your lawsuit. A timeline will help us determine what your filing deadline would be for each incident or event.

There are many reasons that it may be preferable for you to file your lawsuit in federal court, under federal law, rather than Michigan state court. It is important for you to take the necessary steps to preserve your right to do so. If your potential case involves discrimination (based on age, race, national origin, gender, disability, religion), or retaliation for having complained about discrimination, you must file a charge of discrimination or retaliation with the

MICHIGAN DEPARTMENT OF CIVIL RIGHTS (M.D.C.R.) within 180 day of the discriminatory or retaliatory treatment, or with the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (E.E.O.C.) within 300 days of the discriminatory or retaliatory treatment in order to pursue a federal discrimination claim.

You can file a charge of discrimination with both of these entities online using the following websites:

Michigan Department of Civil Rights (MDCR):

o MDCR Virtual Intake: https://www.michigan.gov/mdcr/divisions/enforcement/virtual-intake

o MDCR Complaint Request Form: https://dtmb.state.mi.us/MDCRRequestforService/RequestComplaint

Equal Employment Opportunity Commission (EEOC):

o EEOC Public Portal: https://dtmb.state.mi.us/MDCRRequestforService/RequestComplaint

Failure to meet the EEOC’s 180-day time limit will mean that you will be barred from bringing a federal discrimination case in federal court. Once the MDCR or the EEOC has finished its investigation of your case, you will likely be issued a Notice of Right-to-Sue letter, with a 90-day time limit for getting your case filed in federal court.

While we evaluate your potential case, we are not representing you, and you alone are responsible for meeting all the applicable time limits. It is important that you provide us with relevant information in a timely manner, keep in touch with our office concerning the progress of our review, keep careful track of possible statute of limitations deadlines, and take any necessary actions within those deadlines. Materials you submit to us about your potential case should include any time limits that you are aware of. You should submit photocopies of documents rather than originals. Please keep in mind that our office has no responsibility for meeting any of the applicable deadlines unless and until we have agreed to represent you and we have received a signed retainer agreement from you.