Legal Question in Employment Law in New York

Wrongful termination suit time limit

Is there a time limit for filing a wrongful termination suit in NY? If so, what is it?


Asked on 7/28/05, 6:00 am

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Wrongful termination suit time limit

Yes, but it is complicated because actally NY doesn't allow wrongful termination suits absent an employment contract.

It depends on the basis of the action, whether

for a human rights violation under State or Federal Law, or breach of contract.

Contract is 6 years but the human rights type

(sexual harassment or discrimination for instance) is governed by a much shorter statute

that first requires you to make a complaint to the State or Federal agency involved, such as EEOC or NYSDHR, exhaust all remedies and get a right to sue letter. I believe the time to report expires 12 months after termination, but check your specific situation.

In NY if your employer has less then 4 employees you can go directly to court. 4 - 25 the State Div. of Human rights, 25 or more EEOC.

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Answered on 7/28/05, 1:43 pm


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