As experienced Westchester County Employment Lawyers, people sometimes come into our office, not immediately upon termination but they wait for a period of time. They think about what's happened, feelings fester, and often clients come into the office as much as a year or sometimes more after a termination. There may be a grounds for a lawsuit, maybe there is illegal discrimination, and the question is: what can I do now? So much time has passed.
The answer is that there are statutes of limitations and depending on what you do and what the forum is that you choose to pursue your claim, those statutes of limitations are different. Typically, in New York State, one can actually go to the New York State Division of Human Rights by oneself without an attorney, and if you do that you have to go to that division within one year of the illegal action. If you choose to go to court based upon the same claim, you actually have three years to commence an action.
If you choose to commence a federal action, you must file a complaint of discrimination with the United States Equal Employment Opportunity Commission within our state 300 days, so that’s less than a year of the last discriminatory act. Our advice to people is: don’t wait. If you think you have a claim, seek counsel of an experienced Westchester County Employment Lawyer as quickly as you can.