Understanding the Statute of Limitations for Employment Law Claims in New York

Like many types of lawsuits, employment law claims have a statute of limitations for when you can file a lawsuit. The statute of limitations is a set time limit during which you can file a claim. If you do not file within this time period, your claim will not be heard in court. Employment law statutes of limitations can be confusing. For example, a wrongful termination claim is fairly straightforward—the statute of limitations begins on the day you are notified of your termination. However, in a sexual harassment case, it can be more complicated. Does the time limit start on the day the harassment started, or maybe on the day you first reported it? The answer is that, for sexual harassment cases specifically, the statute of limitations begins on the date of the last act of harassment. Other statutes of limitations that may be relevant to your New York employment law case include:

• Title VII of the Civil Rights Act: 300 days
• Age Discrimination in Employment Act: 300 days
• New York whistleblower law: 1 year
• Retaliation claims under wage and hour law: 2 years
• Family & Medical Leave Act (FMLA): 2 or 3 years
• Fair Labor Standards Act (FLSA): 2 or 3 years
• New York State Human Rights Law: 3 years
• New York City Human Rights Law: 3 years
• Overtime/minimum wage claims: 6 years
• Breach of employment contract: 6 years

It may seem overwhelming to determine which of these apply to your situation. An experienced New York employment law attorney will go over your claim closely with you so you understand how much time you have to file your claim. Employment law matters, such as sexual harassment, discrimination, whistleblower claims, and wrongful termination, are sensitive issues that can causes a lot of stress. Just remember that you do not have to go through the legal process alone. The attorneys at the Arcè Law Group are prepared to help you. To learn more about the statutes of limitations in New York, and also in New Jersey and Pennsylvania, contact us today to schedule a free initial consultation with a dedicated attorney.

By Bryan Arcé | Published January 18, 2016