Statue of limitation

[ceeboog10]

What is the Statue Of Limitation on suing your employer for "Retaliation" in NYC?

 

[cbg]

Retaliation for what?

Not all or even most retaliation is illegal.

 

[Green_Hornet]

Under state law it is one year:

§ 740. 4. Violation; remedy. (a) An employee who has been the subject of a retaliatory personnel action in violation of this section may institute a civil action in a court of competent jurisdiction for relief as set forth in subdivision five of this section within one year after the alleged retaliatory personnel action was taken.

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Most retaliation is illegal contact an attorney, NY law is very sophisticated.

 

[cbg]

No, most retaliation is NOT illegal. ONLY retaliation for protected actions or characteristics is illegal.

 

[Green_Hornet]

No, most retaliation is NOT illegal. ONLY retaliation for protected actions or characteristics is illegal.

No there are about 100 Federal and State whistle-blower laws that can come into play depending on facts.

 

[cbg]

Sure there are. I'm not denying that.

But what many people consider retaliation does not fall under any of them. It is not, for example, illegal retaliation under any type of whistleblower law, even in NY (which I agree offers many more protections than most states) if the retaliation is for the employee tattling on a co-worker for coming in late. Or complaining about his boss (assuming the boss is not indulging in sexual harassment or some other illegal practice). Or for making a mistake that cost the employer money. And yet both you and I, Joe, have seen posts from employees who tried to claim all of the above, and more, as retaliation.

Until we have some idea what the employee is considering retaliation, any further discussion is pointless.

 

[Green_Hornet]

Sure there are. I'm not denying that. But what many people consider retaliation does not fall under any of them.

His employment attorney will explain all that, the question was on statute of limitations on retaliation, not what defines retaliation. Thats how that works.

 

[ceeboog10]

Actually my case is illegal as per United States NLRB. Because I have such A strong case I want to be sure I have enough time left to file a suite. By the way would that be 365 business days? Thanks Green Hornet!

 

[Green_Hornet]

NLRB is federal, I would still talk to an employment attorney to see if you fall under State law. A state court wrong full termination suite under Union discrimination provides common law remedies, the NLRB awards reinstatement with back pay. The state court provides a much more powerful alternative.
The NLRA presents a host of problems that have little or no bearing on New York States labor laws. For one there is no dollar limit at least insofar as jurisdiction is concerned.

You need an attorney well versed in N.Y state labor law, that deals with unions. If the only alternative is the NLRB through a contract clause you still should talk an attorney thats argued cases before the board.

 

[Green_Hornet]

Oh the other part of your question, you have 6 months to file a complaint with the NLRB from the time of the unfair labor practice.

 

[Green_Hornet]

Your welcome ceebog little something extra for your listening pleasure.
http://www.youtube.com/watch?v=N-WJB3kZV2M

 

[ceeboog10]

As far as Statue Of Limitation for a year, would that be 365 days from the date or 365 business days?

 

[Michael Wechsler]

I think I'm sensing a bit of a pattern here and both of you are getting to the same thing, Hornet and cbg.

cbg's point, which is a very good one, is that unless you can explain what you mean by "retaliation" and that it falls under a law that protects you, you have no remedy. If you know the owner of your company hates red shirts and you decide to wear red shirts every day to work - which may be the reason for your termination - you wouldn't really have a case. For what? The employer "retaliating" against you for wearing red shirts? Unless there is some protection that may be afforded you, e.g. a constitutional right, state or federal law, other right to work or process that may have been violated (such as union related), you don't really have a case.

The bottom line - a statute of limitations is meaningless (thanks Hornet for providing that answer) if you don't have a "cause of action" which gives you a right to sue the employer, e.g. for racial discrimination.