How long do I have to sue a former employer for wrongful termination?

Asked over 1 year ago - Farmingdale, NY

I went to HR on a Friday to see the negative review that I received and they said that they could not get to it because it was in a large stack and needed to be filed. I was then fired on Monday.

Additional information

I was told I had to "Sign" the review, but I emailed the HR person and said that the review was false . I was never told that I could contest it. I just now read something on line that if you contest then when it is under review you could not be fired. Please advise .

Thank you !

Attorney answers (3)

  1. Russell E. Adler

    Contributor Level 11


    Lawyers agree

    Answered . Yo have 300 days from termination to file with the EEOC which preserves your federal rights, one year to go the division of human rights under the state law or 3 years to go to court if you just file in state court.

  2. Herbert J Tan

    Contributor Level 17


    Lawyers agree

    Answered . You should have an experienced labor and employment attorney review the facts of your case. They may be able to negotiate a severance, if possible.

    Herbert Tan, Esq.

    The Mack Cali Building
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    New York, New York 10007
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    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. Ryan M. Finn


    Contributor Level 13


    Lawyers agree

    Answered . 300 days to preserve all your claims. Please be aware, however, that under NY law, your wrongful discharge must be related either to: (a) unlawful discrimination or retaliation; or, (b) in violation of a contract right. A generalized claim of unfairness is not covered.

    Best of Luck!

    Ryan Finn
    Serving clients throughout New York State

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

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