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What is the SOL on a written at-will employment contract that has been breached by

Lynbrook, NY |

harassment an discrimination?is it 3 or 6 years and this a breach of contract claim?

Attorney Answers 3

  1. 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.

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  2. 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.

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  3. 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.

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