When is it too late to open a case against a previous employer?

UPDATED: May 16, 2012

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When is it too late to open a case against a previous employer?

About 13 months ago my shop manager assaulted me after we had a verbal argument over me leaving work to go to my grandmother’s wake. The day of the wake I was fired and have yet to fid employment as a mechanic.

Asked on May 16, 2012 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, be aware that you most likely do not have a case against your employer for wrongful termination--the law does not require employers to provide bearevement leave or to allow employees to leave work to attend a wake. Therefore, you could be fired if you left work for this reason. You could also, in the absence of an employment contract, be terminated for arguing with your manager.

If you were injured by your shop manager's assault, you could potentially sue him for your injuries for up to three years after the assault. You might also be able to sue the employer, if you can show that it contributed to or condoned the assault, or had not taken precautionary actions despite his having assaulted other employees previously.

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