The Supreme Court of Puerto Rico has clarified an important procedural rule in any employment case filed under the summary proceedings of Act 2-1961, as amended.
Key Takeaway:
Filing a motion for relief from judgment does not toll prescriptive periods unless it is granted.
a. The mere filing of the motion, or the court’s decision to consider it, does not interrupt or suspend prescriptive periods. Only if the motion is granted will the effects of the judgment be suspended.
b. The court reiterated that motions for reconsideration are not permitted in summary proceedings.
Case Background:
Mr. Javier Flores Reyes, a former plant manager, was dismissed in 2017 and, on March 12, 2018, filed a complaint under Act No. 80 (unjust dismissal) and Act No. 115 (retaliation).
His first complaint was dismissed without prejudice for lack of prosecution on November 7, 2022, and became final shortly thereafter.
After the judgment became final, Mr. Flores Reyes filed a motion for reconsideration and/or relief from judgment, which the trial court ultimately denied on August 18, 2023.
He then filed a second complaint on February 15, 2024, approximately 14 months after the judgment became final, exceeding the one-year statute of limitations under Act No. 80.
Holding:
The Supreme Court reversed the lower courts’ decisions and held that:
- The claim under Act No. 80 is time-barred and is therefore dismissed with prejudice.
- The case is remanded to the Court of First Instance to continue proceedings on the retaliation claim under Act No. 115, which carries a longer prescriptive period.
Written by: Associate Justice Hon. Erick V. Kolthoff Caraballo
Read the full opinion here.
For more information regarding this decision or its potential implications, please contact a member of our Labor & Employment team.
Author: Andrea M. Dorado
