CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Computation of Six-Month Period
Single Topic for Decision 2063E
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1101.03000 – Computation of Six-Month Period
In cases involving allegations that an employee was terminated from employment in retaliation for having engaged in protected activities, the statute of limitations begins to run on the date of actual termination, rather than the date of notification of the intent to terminate. Charge alleging that a school district engaged in retaliation by issuing a “statement of charges” suspending an employee without pay and dismissing him at the expiration of thirty days unless he requested a hearing was untimely as to the suspension, since it was filed more than six months after the suspension became effective. However, the charge was timely as to the dismissal, where the employee exercised his right to a hearing before the Commission on Professional Competence and the dismissal did not become effective until the Commission issued its decision dismissing the employee from employment, which was within the six-month limitations period.