New York City Retaliation Lawyer
Protecting the Ability of Workers to Exercise Their Rights Free From Intimidation or Backlash
Title VII, the New York Human Rights Law, and other civil rights laws do more than just protect workers from discrimination, harassment or wrongful termination. A vital part of any of these laws is protection from retaliation for exercising your rights under the law. Whether you are applying for FMLA leave, requesting a reasonable accommodation for a disability, or even filing a complaint about unlawful discrimination or blowing the whistle on illegal activity at the workplace, you are protected against reprisals from your boss.
Any action that adversely affects your employment, if taken in retaliation for a protected activity you engaged in, is unlawful. You have the right to sue and collect significant money damages from an employer who violates your rights in this way. The NYC employment retaliation lawyers at Mansell Law have the knowledge, skill and experience needed to support you and bring a retaliation claim on your behalf. Call our office if you believe you are being or have been unlawfully retaliated against at work.
What Activities Are Protected From Retaliation?
It is unlawful for an employer to retaliate against an individual for engaging in a protected activity. “Protected activity” includes the following:
- Opposing a practice made unlawful by one of the employment discrimination statutes (the “opposition” clause); or
- Filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing.
Any of the specific activities listed below could qualify as a protected activity. These are just examples. Call our office for a free initial consultation. You can describe your situation, and we’ll let you know if we think you have a case.
Examples of activities protected from retaliation include:
- Filing a discrimination lawsuit
- Reporting sexual harassment to a supervisor, the EEOC or the New York State Division of Human Rights
- Reporting a dangerous condition or hazard in the workplace
- Requesting or taking FMLA or other medical or disability leave
- Reporting unpaid overtime or unpaid minimum wage
- Reporting fraud
- Refusing to engage in illegal conduct requested by the employer, such as falsifying documents
What Actions Count as Retaliation?
Firing a worker in retaliation for engaging in a protected activity is an example of wrongful termination, but it’s not the only form retaliation can take. Any of the following employment actions could count as unlawful retaliation when tied to an employee’s discrimination complaint or other protected activity. Examples include:
- Demotion
- Passed over for promotion
- Reduction in pay
- Denial of a bonus or other compensation otherwise due
- Suspension, reprimand or other disciplinary action
- Negative evaluation, performance review or other document placed in employee’s file
- Micromanaging
- Creating a hostile work environment
- Transfer or reassignment to an undesirable shift, position, worksite or job duties
- Negative reference
How Can I Fight Retaliation?
Title VII prohibits retaliation, as does the New York City Human Rights Law. Additionally, the New York State Department of Labor recognizes a private right of action for retaliation. You could sue your employer for reinstatement and back wages, and you could collect up to $20,000 in damages, plus the cost of your attorney’s fees. You might be eligible to file your retaliation claim with more than one agency, and it’s critical to know which law or laws apply and what is the best route to take to be most successful on your claim. The help of an experienced New York employment lawyer can prove invaluable in this regard.
Hold New York Employers Accountable for Unlawful Retaliation
If you think you may have been unlawfully retaliated against at work for engaging in lawfully protected activity, call Mansell Law in New York City for a free consultation with a team of conscientious and skilled New York employment lawyers dedicated to protecting your rights and recovering compensation for any harm done to you.
