Sign in to follow this  
Followers 0
dkahlona_1983

Statute of Limitations

5 posts in this topic

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?

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0