Can I still file a claim and win?
what is the statute of limitations
for filing a claim against a former
employer?
2.5 years ago I worked for a company in
NYC.
2 years into my employment new
management was brought in. The new
manager was harrasing and difficult and
over the course of 3 months fired/forced
several employees to quit. I now found
out that manager was fired herself.
Answers (1)
Statute of Limitations on Harassment
You query is entirely too short to give a definitive answer. I will assume that what you want to claim is that this manager was abusive, that is, some sort of harassment.
Not all forms of harassment are illegal, so another issue that needs to be addressed in responding to query is whether the harassment you want to claim is illegal. Harassment becomes illegal if it is undertaken because the victim belongs to a protected classification. Some of the protected classifications are race, religion, national origin, gender, age and disability.
Assuming that the harassment you are talking about is illegal harassment, the statute of limitations under the federal law (300 days) has long passed. Under New York State law, if you bring the claim into court, the statute of limitations is 3 years, but only 1 year if you want to bring the claim to the New York State Division of Human Rights (or local agency).
posted by David M. Lira | Oct 2, 2002 09:27 AM [EST]
You query is entirely too short to give a definitive answer. I will assume that what you want to claim is that this manager was abusive, that is, some sort of harassment.
Not all forms of harassment are illegal, so another issue that needs to be addressed in responding to query is whether the harassment you want to claim is illegal. Harassment becomes illegal if it is undertaken because the victim belongs to a protected classification. Some of the protected classifications are race, religion, national origin, gender, age and disability.
Assuming that the harassment you are talking about is illegal harassment, the statute of limitations under the federal law (300 days) has long passed. Under New York State law, if you bring the claim into court, the statute of limitations is 3 years, but only 1 year if you want to bring the claim to the New York State Division of Human Rights (or local agency).
posted by David M. Lira | Oct 2, 2002 09:27 AM [EST]
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