Brooklyn, NY asked in Employment Law and Employment Discrimination for New York

Q: Is there a statue of limitations on suing a former employer for wrongful termination and being denied unemployment benef

1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
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Answered
  • Employment Law Lawyer
  • Tarrytown, NY
  • Licensed in New York

A: Wrongful termination in the strict meaning of that term does not exist.

We look for discrimination. If an employer does not like an employee that is not illegal. If an employer discriminates against an employee because the employee belongs within a protected class of employees that is discrimination and illegal; if we can prove it. The first question we might ask: "what reason did an employer give you for firing you?" If we can prove the reason was false it might be discrimination. If no reason was given we have to dig deeper.

Discrimination charges usually must be filed within 300 days or a year after a person is fired or demoted. If a person files charges without a lawyer we often can not help the person for many reasons. Number one being if someone thinks they can pursue employment discrimination pro se nothing a lawyer tells them will usually convince them that they really truly must lawyer up for this type of case.

Unemployment is decided by DOL and only DOL. Do not be fooled by any employer assuring you that it will not object to your benefits. That is not the employer's call. Generally gross misconduct kicks a person out of qualifying. If a person is denied unemployment in New York (usually easy to honestly be approved) the chances of a successful discrimination claim being made probably dont register on most scales.

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