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

    Pro

    Contributor Level 11

    2

    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

    2

    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.
    E-mail: Herbert@tanlaws.com
    Website: www.tanlaws.com

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  3. Ryan M. Finn

    Pro

    Contributor Level 13

    2

    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
    rfinn@hackermurphy.com
    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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