harassment an discrimination?is it 3 or 6 years and why.is this a breach of contract claim?
Federal Crime Lawyer
In New York all employment is at will, which means that you can be let go at anytime without cause. Ordinarily you have six years to sue for breach of contract, but there really is no such thing as an employment-at-will contract. You can sue for harassment and discrimination, and depending on the facts and the cause of action, you'd likely have three years, but you may have as little as one year - it depends on the facts and the cause of action asserted. Breach of contract is not a cause of action for harassment and discrimination.
Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.
It sounds like you need to speak to an employment attorney as soon as possible. Although the statute of limitations on a contractual issue is often 6 years, the statute of limitations on your discrimination matter is, at most, 3 years in New York State and your case could very well be more valuable if you act within 300 days to protect your federal claims.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.
There is no contract for at will employment. however, if you would like to sue for discrimination, it is 300 days if you want to take them to Federal court and 3 years for State /City action, depending on particular facts and location of the employer.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com