[NY] [NY] I was fired from Trader Joe’s in 2021 after a customer tried to assault me and I defended myself. Do I have a case?
It happened between October and December of 2021, during COVID-19.
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Unfortunately, in New York, deadlines are a major issue here:
- Wrongful termination claims under federal or state discrimination laws must be filed with the EEOC within 180 days of termination or with the New York State Division of Human Rights within 300 days.
- Workers’ compensation claims must be filed within 2 years of the injury date.
- Personal injury claims (against the individual who attacked you) generally have a 3-year statute of limitations.
Since the incident occurred in late 2021, all of these deadlines have now passed. That unfortunately means you would no longer be able to file new claims for compensation or damages.
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I was a worker at Trader Joe’s for at least three and a half years.
One day, a random person walked in while I was working on the floor. I was stocking merchandise when the person started grabbing items off the shelves. He verbally and physically tried to assault me — he swung a punch, and I had to duck and defend myself. I punched back and hit him.
After the incident, I had to fill out a report statement. A few days later, Trader Joe’s called me and terminated me.
I was injured in my left shoulder and have been in pain ever since that day. I want to know if I have a case and where to go from here.
Lexi, Chatbot
I’m sorry to hear about your experience and the pain you’re going through. Have you sought any medical treatment for your shoulder injury since the incident?
Yes, I went to an emergency clinic to be checked out.
Lexi, Chatbot
Did you have any witnesses to the altercation or any security footage that could support your account?
Yes, I had a co-worker who witnessed the altercation. As far as I know, Trader Joe’s doesn’t have cameras — they don’t believe in security footage.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
Yes.
Elizabeth
Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I’m here to help with your legal concerns.
When did this incident occur?
It happened between October and December of 2021, during COVID-19.
Elizabeth
Thank you for clarifying. Did you ever file a workers’ compensation claim for the shoulder injury? Also, which state did you work in?
No, I didn’t file a workers’ comp claim — only for unemployment. I worked in New York State.
Elizabeth
Understood. Did you ever file anything with the New York State Division of Human Rights or the EEOC (Equal Employment Opportunity Commission)?
I ask because wrongful termination or discrimination claims have strict filing deadlines.
No, I never filed anything with the Human Rights Department or EEOC.
Elizabeth
Unfortunately, in New York, deadlines are a major issue here:
- Wrongful termination claims under federal or state discrimination laws must be filed with the EEOC within 180 days of termination or with the New York State Division of Human Rights within 300 days.
- Workers’ compensation claims must be filed within 2 years of the injury date.
- Personal injury claims (against the individual who attacked you) generally have a 3-year statute of limitations.
Since the incident occurred in late 2021, all of these deadlines have now passed. That unfortunately means you would no longer be able to file new claims for compensation or damages.
I understand — thank you for the information and your help.
Elizabeth
You’re very welcome. I’m truly sorry it’s not better news.
If you ever face a situation like this again, make sure to file a workers’ comp claim right away for any workplace injury, even if you think you might lose your job afterward. That preserves your rights and ensures you’re covered for medical care and lost wages.
Elizabeth
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