Jottings By An Employer's Lawyer

Monday, September 22, 2003

TCHRA 180 Days Is From Communication Not Day Noted In Company's File

The Supreme Court of the United States long ago made it clear that the statute of limitations begins to run when an employee is told he will be terminated, not the actual day of termination. Now an unusual Texas case answers the same question in reverse. An employee's claim for constructive discharge was barred when it was untimely as measured from the day she told her employer that she was leaving, not the actual date that the manager she told reported it to HR, or the date of termination contained in the HR file. Cooper-Day v. RME Petroleum Co. (Tex. App. - Fort Worth 9/18/03) [pdf].

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