Denied! DENIED!
In January 2011, Baystate Hospital's lawyer filed a Motion to Dismiss on the grounds that I hadn't filed my complaint with the Massachusetts Commission Against Discrimination within the 300 day statute of limitations.
According to the hospital, the clock started ticking on January 21, when they dated the letter they sent me saying they wouldn't treat me.
According to legal practice, three days are allowed for mailing. They have no proof they mailed the letter on that day. They didn't register it.
They then continued to talk to a lawyer who was trying to help, and assured her the decision was not final. They sent another letter. I left a voicemail the day I got the letter stating I had just received it.
I sent an e-mail to several lawyers telling them about the letter.
According to my calculations, I filed on day 299 of receiving the letter, however, I am trying to claim that the statute of limitations clock started ticking much, much later, more like June.
The Commission agreed with me. Their motion to dismiss was denied, so the case will proceed. And now I know that the Commission hasn't totally forgotten about me.
So now, I keep on waiting. I won the first battle. The war proceeds.