Am I eligible to file a wrongful termination suit?

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Am I eligible to file a wrongful termination suit?

I was fired from my job in November 2015. They claimed it was for time theft. At the time I had no clue what they were talking about but it was later revealed to me that my store manager was keeping us on the clock if we had a sick day or if he let us go early. I had no knowledge of what was happening but I was the only employee fired besides the manager. They claimed that because the manager was my ex-brother-in-law that I had to know what was happening. It was a male-dominated industry

and I was the only woman. Can I file a wrongful termination suit even though it’s been over a year?

Asked on February 23, 2017 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, the time period for filing a claim of sex-based employment discrimination is less than a year--depending on the exact circumstances, it's generally 180 or 300 days--so at "over a year," you are likely out of time.
Also, the fact that you were the only woman does not by itself make this discrimination: you'd have to show (even if you were in time to file the suit) that the termination was *because* you were a woman. Termination for any other reason, even if unfair or incorrect (e.g. blaming you for something you did not do) is not discrimination. And if you were not the victim of discrimination and did not have a written employment contract preventing termination in this situation, you could, as an employee at will (everyone is an employee at will when they do not have a written employment contract), be terminated at any time, for any reason.


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