filing suit against my employer (lawyer, employment, moving)

[sickofnewyorkcity]

Hi,

In NY, you have two years to file suit against an employer. I am nearing that time limit and I am planning to file suit on my own as lawyers only focus on discrimination and tend to not care about wrongful termination.

I feel that I can prove that my reviews were biased and there is lots of evidence.

How do I file a notice of claim in NYC against my former employer?

I definitely need some direction here.

[Moving415]

There is no such thing as "wrongful termination" unless you had an employment contract in which certain clauses were stipulated and then violated or unless you can prove that your termination stemmed from discrimination, because of your race, sex, age, and in some states, sexual orientation. That's it, and your lawyers have been giving you smart advice. Employees at will, which unless you had a contract you were, can be fired at any time, with or without cause or reason.

[sickofnewyorkcity]

Originally Posted by Moving415

There is no such thing as "wrongful termination" unless you had an employment contract in which certain clauses were stipulated and then violated or unless you can prove that your termination stemmed from discrimination, because of your race, sex, age, and in some states, sexual orientation. That's it, and your lawyers have been giving you smart advice. Employees at will, which unless you had a contract you were, can be fired at any time, with or without cause or reason.

there is a thing such as wrongful termination.

not so much, if you can prove there was fraud when you took the position. If one position was presented to you, then it is changed and you can prove it, then that is fraud.

[Moving415]

You have absolutely no case.

[LLCNYC]

Originally Posted by moving415

you have absolutely no case.

+1.

[NyWriterdude]

Originally Posted by sickofnewyorkcity

Hi,

In NY, you have two years to file suit against an employer. I am nearing that time limit and I am planning to file suit on my own as lawyers only focus on discrimination and tend to not care about wrongful termination.

I feel that I can prove that my reviews were biased and there is lots of evidence.

How do I file a notice of claim in NYC against my former employer?

I definitely need some direction here.

The fact you can't get a lawyer basically says you have no case. If you had a case lawyers would eagerly represent you, as they'd be able to shake down money from an employer.

NY is an at will employment state, so unless you were fired on the basis of race, religion, nationality, disability, gender, or sexual orientation, you have no case as at will means you can be fired whenever they want to and you can quit whenever they want to. Contractual employment is an exception to at to at will employment.

[bklynkenny]

Originally Posted by moving415

you have absolutely no case.

+2

[Miss J 74]

Originally Posted by sickofnewyorkcity

there is a thing such as wrongful termination.

not so much, if you can prove there was fraud when you took the position. If one position was presented to you, then it is changed and you can prove it, then that is fraud.

What you're saying here is that you were hired for position A but then either your duties changed or your title was then changed to position B.

This is not fraud. Nor is this something that is even actionable. Most employers have in their employment offers or handbooks that duties can change at any given time.

Sorry as it's been said, you don't have a case. I've been in HR for years and studying fraud and this is not it.