How Long Do I Have To Sue My Employer For Wrongful Termination In Manhattan, NYC?
Claims for wrongful termination or workplace harassment in Manhattan are subject to statutes of limitation. A cause of action that is not brought within the statutory limitation period is untimely and is barred. As a result, the New York State courts, or a federal district court sitting within the State of New York, will dismiss that claim.
The time for filing a claim of discrimination starts from notice of the discriminatory act, not when the act takes effect.
The statutes of limitation for the various employment discrimination statutes vary.
Generally speaking, a plaintiff who wishes to file a claim of discrimination in employment must bring the statute within the following statutes of limitation:
Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), the Age Discrimination in Employment Act (the “ADEA”), and the Americans with Disabilities Act (the “ADA”): The employee must file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (the “EEOC”) within 300 days after the discriminatory act, if there is a work-sharing agreement with a state or local equal employment agency. Where no work-sharing agreement is in place, the statute of limitations is 180 days.
The New York State Human Rights Law (the “NYSHRL”): An employee must either:
- File a charge of discrimination with the New York State Division of Human Rights (the “NYSDHR”) within one year after the alleged unlawful discriminatory practice occurred; provided, however, that effective August 12, 2020, if the employee’s claim is of sexual harassment in employment, then the employee must file a charge of discrimination with the NYSDHR within three years after the alleged harassing conduct occurred; or
- File a lawsuit in Court within three years after the discriminatory act occurred.
New York Human Rights Law (the “NYCHRL”): An employee must either:
- File a charge of discrimination with New York Commission on Human Rights (the “NYCCHR”) within one year after the alleged unlawful discriminatory practice or act of discriminatory harassment or violence occurred; provided, however, that if the employee’s claim is of gender-based harassment, then the employee must file a charge of discrimination with the NYCCHR within three years after the alleged harassing conduct occurred; or
- File a lawsuit in Court within three years after the discriminatory act occurred.
Under the Family and Medical Leave Act (the “FMLA”), an employee must file a lawsuit in court within two years after the date of the last event constituting the alleged violation for which the action is brought, or within three years in cases of willful violations.
Under section 1981 of the Civil Rights Act of 1866, 42 U.S.C. § 1981, the employee must file an action in court within four years after the discriminatory act.
Claims of discriminatory acts are subject to equitable doctrines such as waiver, estoppel, and tolling.
Although discriminatory acts falling outside the statute of limitations may be considered as background evidence, a Court will not hold a company liable for these acts.
If you are an executive or a professional in the Manhattan, NYC metro area and you believe you have been wrongfully terminated, call Manhattan Wrongful Termination Lawyer David S. Rich at (347) 941-0760 today.
