If you believe you were fired illegally, the deadline to act depends on which law applies to your case, and there is no single answer that covers every situation. New York’s discrimination and retaliation claims under the state Human Rights Law now carry a three-year window, while a related federal charge can expire in as little as 300 days. A Westchester County wrongful termination attorney can identify which deadlines apply to your situation, because guessing wrong can permanently cost you the right to sue.
How Long Do I Have to File a Discrimination or Retaliation Claim in New York?
Effective February 15, 2024, New York extended the deadline to file discrimination and retaliation complaints with the New York State Division of Human Rights from one year to three years. Civil lawsuits under the NYSHRL already generally had a three-year limitations period.
The New York City Human Rights Law, which covers many Westchester County workers who commute into the five boroughs, carries the same three-year window.
Three years sounds generous, but the clock starts running on the date of the discriminatory act, not the date you finally understand what happened to you.
What Is the Deadline for a Federal Discrimination Charge?
If your claim also falls under federal law, such as Title VII, the Americans with Disabilities Act, or the Age Discrimination in Employment Act, you face a much shorter deadline. Because New York has its own anti-discrimination agency, you generally have 300 days to file a charge with the U.S. Equal Employment Opportunity Commission. Miss that window, and you lose the federal claim even if your state claim survives.
This is exactly the kind of gap employers count on. Workers assume three years to think it over, let the 300-day federal window close, and give up leverage they never had in the first place.
Are There Other Deadlines That Could Apply to My Case?
Wrongful termination rarely involves just one legal theory. Depending on the facts, you may also have:
- A breach of contract claim, which New York allows up to six years to file
- An unpaid wage claim under New York Labor Law, also six years
- A whistleblower or protected leave claim, each governed by its own separate deadline
These deadlines run independently of each other. An employee who narrowly misses one filing window may still have valid claims under another, but only if someone identifies every applicable theory before time runs out.
What Should You Do Before Signing a Severance Agreement?
Our attorneys spent years on the other side of the table, defending companies against the exact claims you may be facing now. We know how employers “paper” a personnel file with sudden write-ups or manufactured performance concerns right before, or right after, a termination, then use a severance agreement to lock in a release before the employee understands what happened.
If you are offered severance, do not sign before an employment attorney reviews it. Once you sign a release, you may permanently give up your right to pursue a discrimination, retaliation, or wrongful termination claim, regardless of how much time the statute of limitations would otherwise allow.
What Evidence Should You Preserve Right Now?
The filing deadline is only part of the problem. Evidence disappears fast. Save:
- Your termination letter and any written explanation for the firing
- Performance reviews, especially ones that contradict a sudden “performance” narrative
- Emails, texts, or messages with supervisors or HR
- Complaints you submitted, and any response you received
- Pay records and personnel documents
Build a timeline while the details are still fresh. Small facts, like why a write-up appeared the week after you complained, often decide the outcome of a case.
Why Westchester County Employees Turn to Fearless Justice
Determining which deadline applies to your case is not a project for guesswork. At Fearless Justice, our attorneys built their careers defending employers before choosing to represent workers instead. We know the playbook because we used to run it: how companies build a paper trail, how they time a termination to look defensible, and how they use severance agreements to head off claims before an employee finds a lawyer.
We represent employees only. When you meet with us, we identify every deadline that applies to your case, not just the obvious one, and we build your case using the same insider knowledge employers use against workers every day. Contact Fearless Justice today for a free consultation.