Legal Question in Employment Law in New York
I was working for a large auto insurer for several years and received nothing but praise. I was promoted and just did not mesh in the slightest with my new supervisor. I went to HR to seek help, just to find out the HR manager was a friend of both my supervisor and manager and I was told my only option was a demotion. I did nothing wrong. I followed directions obsessively just so they could not hold anything against me and used the most vague reason, ridiculous, that I was technically not following directions and fired me. This was done the day before I would have received a bonus just to give it to me ten times fold. Despite that, is there any suit I could bring against them? Furthermore, I was terminated mid Feb of 2008 in NYS if that matters.
1 Answer from Attorneys
New York is a "employment-at-will" state, meaning, you can be fired for any or no reason as long as it is not a breach of an employment contract (this includes union contracts) or a violation of the anti-discrimination laws (age; race; sex; gender; disability). You have 300 days from the date of the discriminatory event to file a discrimination claim with the EEOC or the NYS Div. of Human Rights for any violation of the mentioned federal claims.
Alternatively, you can forgo filing your federal claims and sue under State law within 3 years from the discriminatory event.