[NY] Can I sue for wrongful termination?
He swung a punch, and I had to defend myself and duck his punch. I punched back and hit him, then I had to fill out a report statement.
In a few days, they called me and terminated me. I was actually injured in my left shoulder and have been living in pain ever since that day. I wanted to know if I have a case and where do I go from here. Thanks.
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Unfortunately, in NY, to file for wrongful termination, you would have to have filed with the EEOC within 180 days of termination or with the state within 300 days of the termination.
For a claim under workers' comp, it had to be done within 2 years, which would preclude filing under workers' compensation.
For personal injury against the person who attacked you, there was also a right to sue, but it's only a 3 year statute, which also would have lapsed.
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I was a worker at a national retailer for at least 3 and a half years. Until a random person walked in while I was working on the floor. I was packing out merchandise, and he started grabbing things off the shelves. He verbally and physically tried to assault me.
He swung a punch, and I had to defend myself and duck his punch. I punched back and hit him, then I had to fill out a report statement.
In a few days, they called me and terminated me. I was actually injured in my left shoulder and have been living in pain ever since that day. I wanted to know if I have a case and where do I go from here. Thanks.
I'm sorry to hear about your experience and the pain you're going through. Have you sought any medical treatment for your shoulder injury since the incident?
Yes, I went an emergency clinic to be checked out.
Did you have any witnesses to the altercation or any security footage that could support your account of what happened?
Yes, I had a co-worker as a witness to the altercation. As far as I know, the store doesn't have cameras, because they don't believe in security footage.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your termination case.
Yes
Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns.
So I can best help, when did the incident occur?
It occurred in 2021, around October to December, during COVID-19.
Thank you for sharing that. Did you ever file a workers' compensation claim? Also, in what state did you work?
No, I didn't file a workers' compensation claim, but I just filed for unemployment. This is in New York State.
Understood. Did you ever file anything with the state human rights department or the EEOC?
I ask, because bringing a claim does have a deadline which may get in the way of seeking payment for the injury.
No, I never filed anything with the human rights department or EEOC.
Unfortunately, in NY, to file for wrongful termination, you would have to have filed with the EEOC within 180 days of termination or with the state within 300 days of the termination.
For a claim under workers' comp, it had to be done within 2 years, which would preclude filing under workers' compensation.
For personal injury against the person who attacked you, there was also a right to sue, but it's only a 3 year statute, which also would have lapsed.
I understand, and thanks for the information and help.
You're welcome and I'm so sorry it's not better news.
