Tuesday, April 12, 2005

First things First.

One of the little sneaky things Arizona State Government does to prevent law suits against itself is provide a couple of different statuette of limitations.

The first thing you have to do is file a claim within 6 months. According to A.R.S. 12-821.01

A.)Persons who have claims against a public entity or a public employee shall file claims with the person or persons authorized to accept service for the public entity or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity or public employee to understand the basis upon which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim which is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.

B.) For purposes of this section, a cause of action accrues when the damaged party realizes he or she has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition which caused or contributed to the damage.

Many people get confused because of an additional limitation:
12-821. General limitation; public employee
All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.

Since I was terminated Nov 11., I have until May to get something started. It's a pretty simple letter and I might post it. I do have to worry about giving out too much info, once a court case has started.

Termination lawsuits are very difficult to win here in Az. We are an "at will state", but I have a number of friends who are attorneys and they have promised to do a bit of research into this for me.






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