How Long does a Harassment Victim have to File a Case or Press Charges?
When you ask about the time a victim has to file a case against an aggressor, more often than not you are talking about the statute of limitations. A victim can file a case or press charges right after an incident occurs if they so choose, but many times the victim waits. There are many reasons why a victim waits to file charges in a harassment case, but every victim needs to be aware that they can only wait so long before the case can no longer be filed in any New York court.
Suing For Harassment In The Workplace
When a harassment victim visits an experienced attorney, the attorney might suggest that suing the aggressor in New York State Supreme Court is a better tactic than filing a harassment claim against a company.
In New York State, the statute of limitations for suing someone for harassment is three (3) years. This three year statute of limitations holds true throughout the state. You are barred from suing in Supreme Court if you first filed with the EEOC.
Arbitration For Harassment In The Workplace
In New York State, the state and federal governments work together to create a statute of limitations of 300 days from the date of harassment. The normal federal statute of limitations is 180 days, but New York State has laws in place that extend it to 300 days. This is in effect when filing a claim against a company that has 15 employees or more. If there are multiple incidents of harassment, then each incident has to be filed on a case-by-case basis.
Knowing Your Rights
There are many reasons why a harassment victim should never wait to file a lawsuit against an aggressor. Time has a way of causing valuable evidence to disappear, and if you wait too long then you will never get the chance to file your claim or start your lawsuit.
It is important that victims know their rights and understand the statute of limitations for filing a harassment case in New York State. Our sexual harassment attorneys have the kind of experience you need to make sure that your voice is heard in a court of law.