What can be done for a FMLA case past the statute of limitations?

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What can be done for a FMLA case past the statute of limitations?

My mother was illegally fired on FMLA
leave 4 years ago, yet is just now
employed to be able to afford legal
action against her prior company, SCI
Service Cooperation International.
Due to the size of that company, no
lawyer would work on a contengeny plan
for her case, making it impossible to
afford legal action against their
illegal act. Is there anything we can
do for her past the statute of
limitations on an FMLA case?

Asked on April 8, 2017 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, there is nothing you can do, unfortunately. The statute of limitations or SOL is a hard limit on how long you have to bring a lawsuit; once it's passed, you can no longer sue. Not having been in an economic position to sue earlier does not legally justify extending the SOL, especially since your mother could have filed the lawsuit on her own, as her own attorney or "pro se"--that is, she could have brought the suit within time, if she had chosen.


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