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Wrongful Termination (Cultural/Religious Discrimination)

wisgyrlwisgyrl 2 Posts
in HR & Employment Law Vote Up0Vote Down
We are located in wisconsin. Is there a moritorium
or statute of limitation in a wrongful termination
based upon cultural/religious discrimination.
The incident happened off federal trust status land
with a native american employee in 7/98. The State
awarded unemployment compensation based on wrongful
termination; after the Tribal company denied the claim.
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  • 3 Comments sorted by Votes Date Added
  • Down_the_MiddleDown_the_Middle 771 Posts
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    As a general rule, EEOC charges (for religious discrim) must be filed within 180 days of the occurrence. Complainants then have 180 days from date of filing to proceed with civil action. The specifics of your case may require that you get some legal advice as Wisc may have other remedies for addressing civil action cases.
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  • wisgyrlwisgyrl 2 Posts
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    1 down; religious discrimination.
    Second Issue: Is there a moritorium on
    wrongful or illegal employment termination.
    Is there a time frame for a violation of
    Civil Rights?
    Can we be taken into court for violating
    the Indian Civil Rights Act?
    Does a moritorium apply?
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  • Down_the_MiddleDown_the_Middle 771 Posts
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    The moratorium you refer to presumably means"what waiting periods apply"... Wrongful termination is a catchall phrase that covers the exceptions to federal discrimination laws, so your state laws probably address this issue. The time frames for filing some of the other charges you mention are better answered by a labor attorney due to technalitites such as appeal. If a charge has been filed, you should probably contact a local labor attorney to help you, unless you're experienced enough with this very technical area. The Indian Civil Rights Act (from what I remember) is a tribal government issue that prohibits tribal governments from enacting laws that violate U.S. constitutional laws (e.g. Bill of Rights). You're gonna need some legal advice on these issues and while I appreciate your desire to get quick answers 1, 2, 3......this ain't one of those topics..........Good luck with this issue
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