CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Waiver; Estoppel
Single Topic for Decision 2299E
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1101.07000 – Waiver; Estoppel
The doctrine of equitable estoppel does not cure timeliness issue. For the doctrine of equitable estoppel to apply, all of these elements must be alleged with factual specificity: (1) a representation or concealment of material facts; (2) made with the knowledge of the true facts; (3) to a party ignorant of the truth; (4) with the intention that the ignorant party acted on the representation or concealment; and (5) the party was in fact induced to act on the representation or concealment. As applied here, the allegations do not establish any of the elements necessary for an estoppel. The charge fails to allege any misrepresentation or concealment of material facts on the part of the employer to support charging party’s claim that she was induced to delay the filing of an unfair practice charge in reliance thereon. Notwithstanding any of the alleged deceptive, false or misleading responses to charging party’s inquiries charging party was not ignorant of the truth, and knew of the alleged wrongful act from which any claim based upon that act would lie.