Every case has a statute of limitations – the date by which it must be filed, or the chances are lost forever. In discrimination cases, sexual harassment, pregnancy discrimination, retaliation, any kind of employment law case, a charge of discrimination must be filed with the United States Equal Employment Opportunity Commission before you’re allowed to file in court, and that charge of discrimination must be filed, within either 180 days of the last discriminatory act or 300 days of the last discriminatory act, depending on the state where you work. So for instance, in New York, that federal filing date with EEOC is 300 days from, if you were fired, that is likely the last discriminatory act.
Only if the real reason is based on the illegal factors embodied in the federal or state discrimination laws, then you got some leverage to hold your employer accountable.
By Jack Tuckner, Esq. If you are a sex worker in New York City, meaning you are dancing, topless dancing, stripping, any type of labor paid for by management, for your lawful work, it is illegal for that management, your job, your employer, to treat you differently, to subject you to a severely hostile work […]
If you feel you are being wrongfully terminated or you are wrongfully discharged, or dismissed, people use that term “wrongful termination” all the time. The thing is, it’s not really a thing. It’s not a claim. It’s not a cause of action – it’s more of a term of art that comprises several different notions of illegal or unjust firings from your job.
The Secret to Filing Administrative Complaints with the EEOC or the SDHR: Don’t Do It! Q: Should I file a complaint with the State Division of Human Rights or the EEOC? A: Good question, and I’m glad you asked before you filed, because the answer is, don’t file at either agency, unless you’ve already retained […]