KM&M Wins Another Round in Litigation War Waged By Client's Former In-House Immigration Counsel
Our client's former in-house immigration attorney responded to his discharge by filing a string of administrative complaints and lawsuits against his former employer before a multitude of state and federal courts and government agencies. To date, every one of his complaints that has been adjudicated has been dismissed; in a lengthy decision issued November 13, 2003, an Administrative Law Judge at the U.S. Department of Justice dismissed yet another of his complaints.
In this particular complaint, the plaintiff alleged that he was harassed and then fired in retaliation for opposing unfair immigration-related employment practices. His complaint had been preceded by a Charge he filed with the Department of Justice's Office of Special Counsel ("OSC"). Following investigation, the OSC determined that there was insufficient evidence of reasonable cause to believe the plaintiff was retaliated against, and the OSC therefore declined to file a complaint with an Administrative Law Judge regarding the matter. Under the applicable rules, the plaintiff had 90 days in which to file a complaint directly with Department of Justice's Office of Chief Adminstrative Hearing Officers (the "OCAHO").
The plaintiff missed the deadline for filing his complaint by fourteen months, and we moved to dismiss the complaint on this basis. Arguing that the filing deadline should be equitably tolled, the plaintiff offered a variety of explanations for his delinquency: he went to visit his mother in India, his passport expired while he was in India, flights between India and the U.S. were cancelled due to Indian-Pakistani hostilities , he was misled by his former employer and by the OSC, etc.
The Administrative Law Judge rejected each of the plaintiff's proffered explanations for his late filing of the complaint, and dismissed the complaint on this basis.