Can anyone help me find the us code or an article about statute of limitations on an employment at will contract written(breach

Asked over 1 year ago - Garden City, NY

d by discrimination) NY. my case is in federal court

Attorney answers (4)

  1. Ryan M. Finn

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . Breach of contract has 6 year sol. Employment discrimination under State law is 3 years. Employment discrimination under federal law has 300 day SOL. Best of luck

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why... more
  2. Arthur H. Forman

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . To bring a discrimination case in federal court, you first need to file with EEOC or a local discrimination agency within 300 days. You can then request that the EEOC give you a right to sue letter, and you then have 90 days to file in federal court.

  3. Vincent Peter White

    Contributor Level 18

    4

    Lawyers agree

    Answered . Employment discrimination cases are unlikely to require any contract to move forward, it sounds like you need to sit down with an experienced employment attorney before you proceed.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more
  4. Robert K. Erlanger

    Contributor Level 13

    3

    Lawyers agree

    Answered . An "at will employee" has no breach on contract action; "at will" means you can be fired for any reason OTHER than a discriminatory one. As you are in federal court, you must be suing because you believe that your employer fired you for a discriminatory reason. Without knowing what kind of discrimination you are alleging, for example age, race, gender, sexual preference, I cannot refer you to the proper federal statute.

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