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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 18098
Experience:  B.A.; M.B.A.; J.D.
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Wrongful termination of a public high school teacher from

Customer Question

Wrongful termination of a public high school teacher from New York City in the State of New York case?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 month ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 month ago.

Could you explain a little more?

What is your question.

Thank you for your cooperation.

Customer: replied 1 month ago.
Okay. Thank you.
Customer: replied 1 month ago.
Are you still there?
Expert:  Phillips Esq. replied 1 month ago.

Yes, I am still here.

You never provided the information that I requested. I cannot answer a question that was never asked. Kindly respond to my information request. Here is my previous post on the subject:

Me

Could you explain a little more?

What is your question?

Thank you for your cooperation.

9 Jan 2017, 9:41 PM

Customer: replied 1 month ago.
I was falsely found "substantiated" in an administrative investigation at my former employer.However, it was correlated to another separate investigation of the same charge where I was correctly found "unsubstantiated."Do I have grounds to be able to sue for wrongful termination or report to the Department of Labor?
Expert:  Phillips Esq. replied 1 month ago.

Thank you for the information.

If you have two conflicting findings, then you need to file complaint with Department of Labor for wrongful termination and let the agency investigate. As you know filing complaint with the Department of Labor or U.S. Equal Employment Opportunity Commission is pre-requisite to filing lawsuit in either federal or state Court.

Best wishes,

Customer: replied 1 month ago.
What is the statute of limitations for filing a complaint if this specific nature?
Expert:  Phillips Esq. replied 1 month ago.

180 days. However, if the state and federal laws cover the same thing such as discrimination because of race or national origin, the Statute of limitations is extended to 300 days from the date of the alleged incident.

Customer: replied 1 month ago.
I was a unionized employee that was offered a discontinuance appeal hearing that took place today (Tuesday, January 10, 2017) since my discontinuance from my former employer (the New York City Department of Education) is dated Thursday, July 7, 2016.When does the date start for the statue of limitations?
Expert:  Phillips Esq. replied 1 month ago.

July 7 2016

Customer: replied 1 month ago.
Then at this point is it too late or is there some kind of loop hole that I can use?
Expert:  Phillips Esq. replied 1 month ago.

I cannot think of any.

Customer: replied 1 month ago.
How would I be able to connect it now to get the limitation stretched to 300 days instead of 180 days?
Expert:  Phillips Esq. replied 1 month ago.

At this time, I will opt out to give another Attorney the opportunity to further assist you.

Customer: replied 1 month ago.
Ok
Customer: replied 1 month ago.
Ok

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