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Statute of Limitations


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#1 dkahlona_1983

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Posted 30 December 2012 - 03:49 AM

NYS. I have read where the statute of limitations to file a lawsuit claiming defamation is one year in NYS. However, in March 2012, after making a complaint to the NYS Human Rights Commission, my employer submitted documents and a never seen before letter from the subcontractor with damaging allegations that eventually led to an investigation and 3020-a charges. This letter was never in the my employer's charges against me filed in September 2011 in 3020-a documents. This letter with damaging claims that ultimately resulted in my immediate transfer from the subcontractor's site and subsequent investigation only appeared "out of the blue" to defend accusations made by me to HRC in March 2012. By the way, the 3020-a charges were dropped in 11/2012. In summary, I discovered the subcontractor wrote a damaging letter to my supervisors in a letter dated 4-13-11 in Marcy 2012. Can I still pursue a claim?

#2 adjusterjack

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Posted 30 December 2012 - 09:06 AM

NYS. I have read where the statute of limitations to file a lawsuit claiming defamation is one year in NYS. However, in March 2012, after making a complaint to the NYS Human Rights Commission, my employer submitted documents and a never seen before letter from the subcontractor with damaging allegations that eventually led to an investigation and 3020-a charges. This letter was never in the my employer's charges against me filed in September 2011 in 3020-a documents. This letter with damaging claims that ultimately resulted in my immediate transfer from the subcontractor's site and subsequent investigation only appeared "out of the blue" to defend accusations made by me to HRC in March 2012. By the way, the 3020-a charges were dropped in 11/2012. In summary, I discovered the subcontractor wrote a damaging letter to my supervisors in a letter dated 4-13-11 in Marcy 2012. Can I still pursue a claim?


Hard to say when the "defamation" actually occurred, if it occurred at al.

The "charges" might not actually rise to the level of "defamation."

Consult a defamation lawyer and review your options.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 pg1067

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Posted 30 December 2012 - 10:08 PM

I discovered the subcontractor wrote a damaging letter to my supervisors in a letter dated 4-13-11 in Marcy 2012. Can I still pursue a claim?


Possibly. One problem is that you discovered the letter less than a year after it was written. Consult with a local attorney for advice.

#4 Guest_FindLaw_Amir_*

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Posted 31 December 2012 - 08:54 AM

I agree with the previous poster, this is matter you may wish to consult with a local New York Lawyer to advise you of a possible claim.

#5 doucar

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Posted 01 January 2013 - 02:12 AM

for the letter to even rise to the level of defamation the letter must contain a false statement of fact, not opinion. If it was stating an opinion, it is not defamation. without knowing what the letter said, we are unable to determine if it is defamatory at all.




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