How Long Do You Have to File a Wrongful Termination Claim in New York?

The deadline to file a wrongful termination claim in New York depends on the type of claim. For discrimination claims under the New York State Human Rights Law (NYSHRL), you have three years from the termination date to file. For federal discrimination claims, you have just 300 days to file with the EEOC. Other claims have different deadlines ranging from two to six years.

Missing these deadlines can permanently destroy your case, even if your termination was clearly illegal. Understanding which deadlines apply to your situation is critical to protecting your rights.

Why Statutes of Limitations Matter

Statutes of limitations are strict legal deadlines for filing claims. Courts take these deadlines seriously and rarely make exceptions.

Consequences of missing deadlines:

• Your case will be dismissed regardless of merit
• You lose all rights to compensation
• Even clear evidence of wrongful termination won’t save a late claim
• Courts have very limited discretion to extend deadlines
• You cannot sue after the deadline expires

Why deadlines exist:

• Evidence degrades over time (documents lost, witnesses forget)
• Defendants deserve finality and certainty
• Prompt filing preserves fresh evidence
• Early claims allow faster resolution
• Deadlines encourage diligent pursuit of rights

The single most common mistake in wrongful termination cases is waiting too long to act. Don’t let time run out on valid claims.

New York State Human Rights Law (NYSHRL) Deadline: 3 Years

The NYSHRL covers most employment discrimination and retaliation claims in New York. This is the primary law protecting workers from wrongful termination based on protected characteristics.

Three-Year Filing Period

You have three years from the date of discriminatory act to file a claim under NYSHRL. This is significantly longer than federal deadlines.

NYSHRL covers discrimination based on:

• Race, color, and national origin
• Sex, gender identity, and sexual orientation
• Pregnancy and reproductive health decisions
• Religion and religious observance
• Age (18 and older)
• Disability and perceived disability
• Marital status and familial status
• Military status and veteran status
• Domestic violence victim status
• Arrest and conviction records (with limitations)
• Genetic predisposition and carrier status

The three-year period applies whether you file with the New York State Division of Human Rights (NYSDHR) or directly in court.

Example: Maria was fired on January 15, 2022, due to pregnancy discrimination. She has until January 15, 2025, to file either a complaint with NYSDHR or a lawsuit in New York court. If she files on January 16, 2025, her claim will be time-barred despite strong evidence of discrimination.

When the Clock Starts

The statute of limitations begins on the date of the discriminatory act—usually your termination date.

Termination date means:

• Your last day of work if termination was immediate
• The effective date stated in termination notice
• The date you were notified of termination (if earlier than last work day)

For continuing violations, each discriminatory act may have its own deadline. However, courts are strict about what qualifies as “continuing” versus separate acts.

Example: Robert faced age-based harassment for six months before his termination. The three-year deadline for the termination starts on his last day of work. However, earlier harassment incidents may have their own deadlines. Claims about harassment from more than three years ago may be time-barred even if the termination is timely.

Filing Options Under NYSHRL

You can pursue NYSHRL claims through two paths:

Option 1: New York State Division of Human Rights (NYSDHR)

• Administrative agency that investigates discrimination claims
• Free to file
• Three-year deadline from discriminatory act
• NYSDHR investigates, mediates, or holds hearings
• Can lead to settlement or formal decision

Option 2: Direct Court Filing

• File lawsuit directly in New York Supreme Court (state trial court)
• Three-year statute of limitations
• Can file simultaneously with or instead of NYSDHR complaint
• Allows jury trial and broader discovery
• May result in higher damages

Important: Filing with NYSDHR does not extend your court filing deadline. The three-year period applies to both options independently. You can file in both forums, but strategic considerations apply.

Federal Discrimination Claims (EEOC): 300 Days

Federal anti-discrimination laws have much shorter deadlines than New York state law. However, filing federally can preserve your state claims.

300-Day EEOC Deadline

For federal discrimination claims under Title VII, the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA), you must file with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act.

Federal laws cover:

• Race, color, national origin, sex, religion (Title VII)
• Disability discrimination (ADA)
• Age discrimination for workers 40+ (ADEA)
• Pregnancy discrimination (Pregnancy Discrimination Act)
• Genetic information (GINA)

The 300-day deadline applies in states with their own fair employment agencies (like New York). In states without such agencies, the deadline is only 180 days.

Example: Jennifer was fired due to disability discrimination on March 1, 2024. She has until December 26, 2024 (300 days later), to file an EEOC charge. Missing this deadline means she loses all federal claims, though she may still have NYSHRL claims if within three years.

Why File with EEOC If New York Deadline Is Longer?

Filing with the EEOC within 300 days offers strategic advantages:

Benefits of EEOC filing:

• Preserves both federal and state claims
• EEOC automatically cross-files with NYSDHR
• Creates official record of timely filing
• Allows federal court litigation after right-to-sue letter
• Federal courts may award higher damages in some cases
• Broadens your litigation options

EEOC work-sharing agreement with NYSDHR:
When you file with the EEOC in New York, the EEOC typically cross-files your claim with NYSDHR under a work-sharing agreement. This preserves your state claims even if you miss the NYSHRL deadline, as long as you filed with EEOC within 300 days.

Example: Marcus filed an EEOC charge 250 days after his termination but didn’t file separately with NYSDHR. The EEOC automatically shared his charge with NYSDHR under the work-sharing agreement. Both his federal and state claims remain timely, even though he only filed with one agency.

Other New York Wrongful Termination Claim Deadlines

Different types of wrongful termination claims have different statutes of limitations.

Claim Type	Statute of Limitations	Where to File	Notes
NYSHRL Discrimination	3 years	NYSDHR or NY court	Longer than federal
Federal EEOC Claims	300 days	EEOC	Much shorter than NY
Labor Law § 740 (Whistleblower)	2 years	NY court	No administrative filing required
Public Policy Wrongful Discharge	3 years	NY court	Common law claim
Breach of Employment Contract	6 years	NY court	Written or oral contracts
Wage and Hour Claims (FLSA)	2 years (3 if willful)	Federal or state court	Different for state law claims
WARN Act (Mass Layoffs)	3 years	Federal court	Notice violation claims
Family and Medical Leave (FMLA)	2 years (3 if willful)	Federal or state court	Leave interference claims
Workers’ Comp Retaliation	Varies	NY Workers’ Comp Board	Consult attorney for specific deadline

Whistleblower Claims Under Labor Law § 740

New York Labor Law Section 740 protects employees who report illegal conduct, safety violations, or healthcare fraud.

Statute of limitations: Two years from the retaliatory act (usually termination date)

Filing: Directly in court; no administrative agency filing required

Key timing issues:

• Shorter deadline than NYSHRL claims
• Clock starts on termination or other adverse action
• No administrative exhaustion required
• Can be filed alongside other claims

Example: David reported safety violations to OSHA and was fired in retaliation on June 1, 2023. He has until June 1, 2025, to file a Labor Law § 740 lawsuit. There’s no NYSDHR or EEOC filing requirement for § 740 claims—he files directly in court.

Breach of Contract Claims

Claims alleging breach of employment contracts have the longest statute of limitations.

Statute of limitations: Six years from the breach (termination date)

Applies to:

• Written employment contracts
• Oral employment agreements
• Implied contracts from handbooks or employer practices
• Severance agreement violations

Strategic note: The six-year deadline gives you more time, but waiting weakens cases. Evidence disappears, witnesses leave, and memories fade.

Example: Sarah’s employment contract stated she could be terminated only “for cause” after written notice. The company fired her without cause or notice on January 10, 2022. She has until January 10, 2028, to file a breach of contract lawsuit. However, she should file much sooner to preserve evidence.

Public Policy Wrongful Discharge

Common law wrongful discharge claims (termination violating public policy) generally have a three-year statute of limitations.

Public policy claims include:

• Firing for refusing to commit illegal acts
• Termination for exercising legal rights (jury duty, voting)
• Retaliation for reporting violations
• Dismissal violating fundamental public policy

These claims are filed directly in court without administrative prerequisites.

New York City Human Rights Law (NYCHRL): Even Stronger Protections

Workers in New York City’s five boroughs have additional protections under the New York City Human Rights Law.

NYCHRL statute of limitations: Three years

Key differences from NYSHRL:

• Even broader protected classes
• Lower burden of proof for plaintiffs
• More generous damages
• Covers smaller employers
• Individual liability for supervisors

Filing with NYC Commission on Human Rights:

• Alternative to state or federal agencies
• Three-year deadline
• Similar process to NYSDHR

Strategic consideration: If you work in NYC, you may have three separate discrimination claims: federal (EEOC/300 days), state (NYSHRL/3 years), and city (NYCHRL/3 years). Filing with EEOC typically preserves all three.

Exceptions and Extensions to Deadlines

While statutes of limitations are strict, limited exceptions exist.

Continuing Violations Doctrine

If discriminatory conduct continued over time, the statute of limitations may run from the last discriminatory act, not the first.

Requirements:

• Series of related discriminatory acts
• Same type of discrimination throughout
• Regular occurrence, not isolated incidents
• Last act within the limitations period

Example: Patricia faced ongoing sexual harassment for two years before her termination. While harassment incidents from more than three years ago may be time-barred individually, if the harassment was continuous and the termination occurred within three years, the entire pattern may be timely under the continuing violations doctrine.

Limitation: The Supreme Court limited this doctrine in federal cases (Ledbetter v. Goodyear). Each discrete discriminatory act (termination, failure to promote, etc.) has its own deadline. The doctrine applies mainly to hostile work environment claims where harassment is ongoing.

Discovery Rule

In rare cases, the statute of limitations may be tolled (paused) until you discover or should have discovered the wrongful conduct.

Requirements:

• You could not reasonably have discovered the wrong when it occurred
• Defendant concealed the wrongful conduct
• Deception prevented timely discovery

Reality: Courts apply this exception narrowly. In most termination cases, you know immediately that you were fired, so the discovery rule rarely applies.

Example: An employer told Marcus he was laid off due to “budget cuts.” Three years later, Marcus discovered internal emails showing the real reason was age discrimination, which the employer concealed. The discovery rule might extend Marcus’s deadline because the employer fraudulently concealed the discriminatory motive. However, this is fact-specific and not guaranteed.

Equitable Tolling

Courts may toll the statute of limitations if extraordinary circumstances prevented timely filing.

Possible grounds for equitable tolling:

• Attorney misconduct (your lawyer missed deadline despite your diligence)
• Severe illness or incapacity preventing filing
• Defendant’s wrongful conduct preventing timely filing

Reality: Courts grant equitable tolling very rarely and only for truly extraordinary circumstances. Don’t count on this exception.

Fraudulent Concealment

If the employer actively concealed wrongful conduct through fraud, the limitations period may be extended.

Requirements:

• Employer made affirmative misrepresentations
• Misrepresentations prevented discovery of claim
• You exercised reasonable diligence

This exception is narrow and difficult to prove.

Comparison: New York vs. Federal vs. Other States

New York offers some of the most generous filing deadlines for wrongful termination claims.

Jurisdiction	Discrimination Claims	Advantages/Disadvantages
New York State (NYSHRL)	3 years	Much longer than federal; employee-friendly
Federal (EEOC)	300 days	Very short; covers different employers than NYSHRL
New York City (NYCHRL)	3 years	Additional protections for NYC workers
California (FEHA)	3 years	Similar to New York
Texas (TCHRA)	180 days	Much shorter than NY; less employee-friendly
Florida	No state law	Federal only (300 days)	No independent state protection

New York’s three-year NYSHRL deadline gives workers significantly more time than the 300-day federal deadline. However, 300 days passes quickly—don’t wait.

What to Do to Protect Your Filing Deadlines

Act Immediately After Termination

Time is critical. Don’t wait to take action.

Immediate steps (within days/weeks):

• Document termination circumstances while memory is fresh
• Gather evidence before losing access
• List potential witnesses with contact information
• Request personnel file under Labor Law § 198-c
• Photograph or screenshot relevant materials

Every day that passes makes evidence harder to obtain.

Consult Employment Attorney Within Weeks

Contact an attorney as soon as possible after termination.

Why early consultation matters:

• Attorneys identify all applicable deadlines
• Lawyers determine which claims you have
• Early filing preserves maximum evidence
• Attorneys can file quickly if deadline is approaching
• Many attorneys offer free initial consultations

Don’t wait months to seek legal advice. By then, crucial deadlines may have passed.

Calculate All Applicable Deadlines

Different claims have different deadlines. Know them all.

Create a deadline tracker:

• EEOC deadline: 300 days from termination
• NYSHRL deadline: 3 years from termination
• Labor Law § 740 deadline (if applicable): 2 years
• Contract claims: 6 years
• Any other specific claims

Mark these dates on your calendar and set reminders well before the deadlines.

File with EEOC Within 300 Days (Even If Not Sure)

When in doubt, file an EEOC charge within 300 days.

Benefits of precautionary filing:

• Preserves federal and state claims
• EEOC cross-files with NYSDHR automatically
• Creates official record
• You can amend or withdraw later if needed
• Costs nothing to file

It’s better to file and later decide not to pursue than to miss the deadline entirely.

Don’t Rely on Employer Settlement Discussions

Employers sometimes engage in settlement talks while deadlines expire.

Caution about settlement negotiations:

• Settlement discussions don’t extend filing deadlines
• Some employers use talks to run out the clock
• File your claim even while negotiating
• You can always settle after filing
• Filing gives you leverage in negotiations

Example: After firing Patricia, her employer engaged in “good faith” settlement discussions for eight months while encouraging her not to file with EEOC. She trusted the process and didn’t file. When negotiations failed after 310 days, she had lost all federal claims. Always file to preserve rights regardless of settlement talks.

Consider Filing Multiple Claims Simultaneously

You can often file with multiple agencies or in multiple forums.

Potential simultaneous filings:

• EEOC (federal claims)
• NYSDHR (state claims)
• NYC Commission on Human Rights (if in NYC)
• Direct court filing (for claims not requiring administrative filing)

An attorney can help determine the optimal filing strategy for your situation.

Common Questions About Filing Deadlines

What if I’m one day late filing my EEOC charge?

You will likely lose all federal claims. Courts strictly enforce the 300-day deadline with very limited exceptions. However, you may still have state NYSHRL claims if within three years. This shows why filing early is critical—even one day matters.

Can my employer waive the statute of limitations?

Generally no. Statutes of limitations are legal requirements that parties typically cannot waive. However, if an employer agreed in writing to extend time to file or engaged in conduct that should estop them from claiming limitations, rare exceptions might apply. Don’t count on this—file timely.

Does filing a complaint with HR stop the clock?

No. Internal HR complaints do not toll or stop statutes of limitations. Only filing with the appropriate agency (EEOC, NYSDHR) or court stops the clock. Make internal complaints if you want, but also file legally to preserve rights.

What if I file with NYSDHR—do I still need to file with EEOC?

If you want to preserve federal claims, you should file with the EEOC within 300 days. NYSDHR filing doesn’t preserve federal claims by itself. However, filing with EEOC typically cross-files with NYSDHR, preserving both. When in doubt, file with EEOC first.

If I signed a severance agreement, can I still file a claim?

It depends on the agreement’s terms. Most severance agreements include release clauses waiving your right to file claims. However, some rights cannot be waived, and releases signed under duress may be invalid. Additionally, if you haven’t signed yet, consult an attorney before signing to understand what you’re giving up.

How do I prove when I was actually terminated?

Your termination date is usually clear from termination letters, final paychecks, or the last day you worked. Keep all termination documentation. If there’s a dispute about the termination date, courts look at when you were notified of termination or when your employment actually ended, whichever is earlier.

Related Topics

• New York Wrongful Termination
• workplace discrimination in New York
• workplace retaliation in New York
• whistleblower protections
• wrongful termination damages
• Filing a Complaint with NYSDHR
• Filing an EEOC Charge

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Don’t let time run out on your wrongful termination claim. Deadlines are strict and courts rarely make exceptions. If you believe you were wrongfully terminated, contact an experienced New York employment attorney immediately. Many offer free consultations and can file quickly to preserve your rights.

Legal Disclaimer

This article provides general information about wrongful termination statutes of limitations in New York and should not be construed as legal advice. Employment law is complex and fact-specific. Deadlines vary depending on claim type and circumstances. The information presented here may not apply to your specific situation. Laws and deadlines can change.

If you believe you were wrongfully terminated, consult with a qualified New York employment attorney immediately who can evaluate your individual circumstances, calculate your specific deadlines, and provide personalized legal advice. Nothing in this article creates an attorney-client relationship.

Sources:

• New York State Human Rights Law, Executive Law Article 15
• New York Labor Law Section 740 (Whistleblower Protection)
• Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
• Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.
• Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
• New York Civil Practice Law and Rules (CPLR) Article 2 (Limitations of Time)
• U.S. Equal Employment Opportunity Commission, eeoc.gov
• New York State Division of Human Rights, dhr.ny.gov