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

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

Lynbrook, NY -

Attorney Answers (3)

Daniel DeMaria

Daniel DeMaria

Federal Crime Lawyer - White Plains, NY
Answered

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.... more
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Alena Shautsova

Alena Shautsova

Employment / Labor Attorney - Brooklyn, NY
Answered

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... more
Vincent Peter White

Vincent Peter White

Employment / Labor Attorney - Jackson Heights, NY
Answered

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... more

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