Q: Is there a statue of limitations on suing a former employer for wrongful termination and being denied unemployment benef
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
