If you have left your job because of sexual harassment, you may believe it is too late to act. However, you still have the opportunity to file a claim and hold the responsible parties accountable, even after leaving the workplace.
Understanding filing timelines
Filing a harassment claim is time-sensitive, but even after leaving your job, you still have an opportunity. In New York, you have up to three years from the last incident of harassment to file a claim with the New York State Division of Human Rights (NYSDHR), providing ample time to assess your situation.
In New Jersey, if you are pursuing a claim under the New Jersey Law Against Discrimination (NJLAD) in state court, you generally have two years from the last incident to file a lawsuit. For federal claims under the Equal Employment Opportunity Commission (EEOC), the deadline is 300 days from the last harassment incident in both New York and New Jersey.
These deadlines determine your right to seek justice. If you are uncertain about the timing or the process, consulting with legal counsel can help you avoid missing critical filing deadlines.
Factors that impact your claim
Several factors can impact the outcome of a sexual harassment claim after leaving your job. It’s important to carefully evaluate each one. Key elements to consider include:
- Documented evidence of harassment: This includes emails, texts or other records that show the harassment occurred.
- Witnesses willing to support your claim: Coworkers or others who witnessed the harassment can provide valuable testimony.
- The time elapsed since the incident(s): While the statute of limitations defines your window for filing, the length of time since the harassment can affect the strength of your claim.
- How the harassment impacted your employment or well-being: This includes any effects on your job performance, mental health or career advancement.
Considering these factors helps you assess the strength of your case. The more thorough your evidence, the better your position to pursue the claim.
Taking action with confidence
You do not have to let harassment define your career or your life. Gathering your documentation and seeking guidance from an experienced attorney can help you take control of your situation and pursue the compensation you deserve. Even after leaving your job, you have the power to protect your rights and move forward with confidence.