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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
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Experience:  Employment Law Expert
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If the employee is fired w/o any reason in 2013,can employee

Customer Question

if the employee is fired w/o any reason in 2013,can employee file law suite or complaint now ( after about 2 years 8 months) in NY state?
Submitted: 3 months ago.
Category: Employment Law
Expert:  P. Simmons replied 3 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

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I am sorry for this dilemma. But not sure I understand your specific question. File suit for what reason?

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Employment in NY is deemed at will, absent a specific written contract to the contrary. The at will employee may be terminated without good cause or for any reason other than based solely on the age/race/sex/disability/national origin of the employee and the employee's sole recourse would be to pursue unemployment benefits. An at will employee does not have legal rights to their job and can be fired for no reason at all or any reason other than one of those specific reasons mentioned. Furthermore, if an employee is fired for a discriminatory reason, they have only 180 days (300 days for continuous discrimination) to file suit against the employer under the statute of limitations.
If the employee had a written contract for a term and was NOT an at will employee and the employer violated that contract, then a breach of contract suit could be brought in NY for up to 6 years from date of the breach.
Expert:  P. Simmons replied 3 months ago.

Please disregard

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