How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 34528
Experience:  Employment Law Expert
Type Your Employment Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Employment Law
Expert:  P. Simmons replied 1 year 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

Also, if you would like to chat on the phone, let me know and I can make that happen.

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

Expert:  Law Educator, Esq. replied 1 year 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 1 year ago.

Please disregard