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

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.

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

Posted

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.

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Posted

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.
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Posted

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 I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * Rfinn@hackermurphy.com * http://www.hackermurphy.com/Attorneys/Ryan-M-Finn.shtml * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *

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