Doug Solomon and Team Secure Motion to Dismiss Age Discrimination Claim

06.21.2013

Partner Douglas E. Solomon and Associates Harris S. Freier and Kathryn E. Dugan achieved a significant victory for a firm client last month when the Honorable Esther Salas of the United States District Court, District of New Jersey, granted defendants’ motion to dismiss a complaint alleging age discrimination under the Age Discrimination and Employment Act (ADEA). The Court found that the plaintiff had not met the requirement to file the claim within ninety days of receiving notice that the Equal Employment Opportunity Commission (EEOC) had terminated its proceedings. The Court ruled that “[i]n the absence of some equitable basis for tolling, a civil action that is filed even two days late is time barred.”