Cristin Dent thought she was on the path to justice. After experiencing racial discrimination at her job, she worked with her attorney to file a race discrimination and wrongful termination lawsuit against her employer, Charles Schwab & Co., Inc. Dent alleged a pattern of unequal treatment, harassment, and racial bias, all of which contributed to a hostile work environment. She received a notice of right to sue from the EEOC and believed her claim was on track. However, a single missed step derailed her entire case: her lawyer failed to click the “NEXT” button in the electronic filing system, leaving her complaint incomplete.
The United States Court of Appeals for the Seventh Circuit affirmed the dismissal of her case in Cristin Dent v. Charles Schwab & Co., Inc., — F.4th —-, 2024 WL 4864600 (7th Cir. 2024). Dent’s case was dismissed as untimely because her attorney did not complete the filing process before the 90-day right to sue deadline. This case highlights a critical truth: choosing the right employment lawyer can make or break your case. If you are questioning your attorney’s abilities, read on to learn what went wrong and how to avoid similar pitfalls.
What Happened in Dent’s Case?
Dent filed a charge of racial discrimination with the EEOC, alleging that her employer treated her differently because of her race. She claimed this discrimination created a hostile work environment, impacting her ability to perform her job and damaging her career. After receiving her notice of right to sue on April 5, 2023, Dent had until July 5, 2023, to file her lawsuit in district court.
On July 4, 2023, her attorney attempted to file the complaint electronically. While the filing fee was paid, the lawyer did not click the “NEXT” button required to complete the process and receive a Notice of Electronic Filing (NEF). The NEF is critical because it confirms that the Court has officially received the filing. When the mistake was discovered, the complaint was submitted five days late, leading to its dismissal as untimely.
The Seventh Circuit Court of Appeals upheld this dismissal, holding that equitable tolling—a remedy that can extend filing deadlines in extraordinary circumstances—did not apply. The Court stated that the attorney’s error was “nothing more than an unfortunate mistake” and did not meet the high bar for equitable tolling. Id. at *2.
Best Race Discrimination Lawyer Blogs on Point:
- There Are Bad Employment Attorneys Out There – Don’t Hire Them
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- Picking The Right Lawyer Can Make Or Break Your Case: How Bad Lawyering Led To Legal Disaster
- More Problems If You Hire A Bad Employment Lawyer
Why Is It Important to Hire Lawyers That Exclusively Focus On Employment Law?
Dent’s case underscores the importance of choosing an employee’s rights attorney who understands the unique demands and requirements of employment law. Employment law cases involve strict deadlines, complex legal requirements, and unforgiving procedural rules. A lawyer unfamiliar with these nuances can easily make mistakes that jeopardize an employee’s claim. In Dent’s case, her attorney’s failure to verify the NEF resulted in the dismissal of her racial discrimination claim—an outcome that might have been avoided with more diligence and experience.
At our firm, we specialize exclusively in employee rights. Filing cases well before deadlines, verifying each step, and proactively addressing potential issues are standard practices for us. Our extensive experience ensures that no detail is overlooked, giving our clients the confidence that their cases are in capable hands.
Best Wrongful Termination Attorney Blogs on Point:
- What Happens If I Don’t Call the Right Attorney?
- Don’t File With The EEOC On Your Own
- It’s Critical To Hire Good Attorneys And Tell Them Everything
- Make Sure To Hire Employment Lawyers That Have Tried Cases To Juries
How Do I Find the Best Employment Lawyer for My Case?
If you have been wrongfully fired, harassed based on your race or gender, and are searching for “How do I find the best employment lawyer near me?” or “What should I do if I think my attorney made a mistake?” the answer is simple: look for a firm that practices only employee rights law. The best employment lawyers understand the complexities of workplace discrimination, harassment, and wrongful termination claims. They have the resources, experience, and dedication to handle your case with precision and care.
Spitz, The Employee’s Law Firm is one of the largest in the United States dedicated exclusively to employee rights. We have successfully represented countless employees in cases involving racial discrimination, wrongful termination, and harassment. With free consultations, a no-fee guarantee, and a proven track record of great results, we provide employees with the best possible representation. If you are unhappy with your current attorney or need help with a workplace issue, call us today to discuss your case.
Employment Lawyer Disclaimer
This employee’s rights blog provides general information about employment law and should not be taken as legal advice. If you believe you have been wrongfully terminated or are facing workplace race or color discrimination, consult with a qualified employment lawyer for specific advice. Filing deadlines are strict and missing them can result in the dismissal of your case. This blog is a legal advertisement aimed at helping employees understand their rights under employment law, including claims involving wrongful termination, racial discrimination, sexual harassment, disability discrimination, and more. No guarantees are being made regarding the outcome of any case. Call Spitz, The Employee’s Law Firm for a consultation today.