Legal Question in Employment Law in New York

Tolling statute of limitations in discrimination case

In 1986 I was injured on the job and filed Work. Comp. Management said they do not have light work and since I am disabled, I should apply for disability retirement in which case I will continue to collect Work. Comp. But if I don't, they would terminate my employment.

I complied, but employer changed its stand in Work. Comp, stating I have no disability. In 2000 judge ordered to pay compensation retroactively to 1990 for permanent disability on the ground of equitable decision for disability retirement from the same accident. However, employer appealed that award on that ground of ''no-disability'' and in 2001 won. Until that I had no ground to prove any discriminatory acts. However, 2001 decision changed that picture - I indeed was constructively discharged on the basis of disability. That is when it became issues of discrimination, rather than of disability, or because of disability. Although, it took long time to file DC charges it is in accord with the facts of this case and 2001 decision, reversing award of permanent disability. So, what can support my defense of late filing?


Asked on 3/14/02, 7:14 pm

1 Answer from Attorneys
Raymond Iaia Minotti & Iaia, LLP

Re: Tolling statute of limitations in discrimination case

I am having a little trouble understanding your message. Who won the hearing in 2001, you or the employer? What do you mean �DC Charges� and when did you file them � exact date? Please provide more description of exactly what happened. You may have a possible claim under the Americans with Disabilities Act a.k.a. ADA. However, you should know that you have only three hundred (300) days to file a charge of discrimination with the EEOC under the ADA. This is very complicated. The three hundred (300) days begins to run from the last act of discrimination, which in your case is probably the day your were terminated. You did not mention in your e-mail on what date you were terminated. Please provide more details. You can call me at (914) 949-6323. Good luck.

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Answered on 3/15/02, 8:59 am


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