Oswego, NY asked in Employment Law for New York

Q: I got unlawfully let go from my job at the end of march 2018. Could i still pursue this case or is it to late?

My manager claimed to corporate HR that I put in my 2 week notice verbally to leave the job, but could not supply one because one does not exist and HR still said that they stand behind him and will not give me my position back.

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1 Lawyer Answer
Charles Joseph
Charles Joseph
  • New York, NY
  • Licensed in New York

A: It is not too late to file a claim, but it’s important to act quickly.

If your termination violated federal discrimination laws, you only have 180 days (about 6 months) from your termination to file a complaint with the Equal Employment Opportunity Commission (EEOC). You are not allowed to file a complaint in court until you have gotten a “right to sue” letter from the EEOC.

If your termination violated New York state or New York City discrimination laws, you have one year from your termination to file a complaint with the New York State Division of Human Rights or the New York City Commission on Human Rights. Or you can skip filing with the state or city agencies altogether and take your claim directly to court. You have 3 years from the date of your termination to file a complaint in court.

But first, you probably want to speak with an Employment Attorney about whether your termination was wrongful under the law and what action you should take.

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