Retaliation Attorney in Elmont, NY
At Mesidor PLLC, we seek to empower employees by explaining New York’s retaliation laws and their legal options to hold their employer accountable. Our compassionate Elmont Retaliation attorneys understand how difficult it can be to experience retaliation and can provide results-driven guidance to pursue the full recovery you deserve. We take a limited number of cases to provide personalized attention to each case.
To further our commitment to supporting employees, Mesidor PLLC operates a non-profit fellowship program to train rising employment attorneys and furthers public education on employee rights. No matter what support you need, we seek to provide it.
Recognizing Retaliation at Work
Retaliation claims can be filed when an employer takes adverse actions that penalize an employee for exercising their legal rights. Being fired is one of the most significant adverse actions, though a wrongful termination lawyer in Elmont can also identify other examples like demotions, pay cuts, and harassment.
There are many reasons an employer may illegally retaliate against you. As an employee, you have the right to file complaints or claims against discrimination or labor law violations, or exercise one of your other rights as an employee. Some protected activities in a retaliation case include:
- Filing a complaint or a claim about workplace discrimination
- Participating in a workplace investigation, such as providing evidence or witness testimony
- Requesting or using reasonable accommodations for disabilities or religious practices
- Requesting or taking leave, such as leave under the Family Medical Leave Act (FMLA)
- Reporting violations of labor laws
- Filing a workers’ compensation claim
- Refusing sexual advances or protesting sexual harassment
Understanding New York’s Retaliation Laws
Whether you work for Northwell Health, for the Nassau County Government, the Elmont Union Free School District, or one of Elmont’s many other employers, you are protected against retaliation. Two of the major retaliation laws include the New York State Human Rights Law (NYSHRL) and Title VII of the Civil Rights Act of 1964.
NYSHRL is a New York law that protects employees from being punished for reporting discrimination and harassment, or engaging in other protected activities, such as filing complaints or participating in investigations. NYSHRL is enforced by the New York Department of Human Rights (DHR). Of all complaints filed with the DHR, 36.3% were due to experiencing retaliation when opposing discrimination.
Title VII is a federal law prohibiting discrimination or harassment based on protected characteristics, such as race, sex, and religion. This act outlaws retaliation against employees for opposing, filing charges, or participating in investigations of discrimination. Title VII is enforced by the Equal Employment Opportunity Commission (EEOC), which received 1,561retaliation charges from New York in 2024.
Damages Can You Claim in a Retaliation Case
Filing a retaliation claim can help you recover from the economic and non-economic losses you are facing. Some factors that influence financial compensation include:
- Backpay and lost benefits. Lost wages, bonuses, benefits, and other financial losses caused by retaliation can all be included in compensation.
- Front pay. If you were terminated, front pay can cover the loss of future earnings when reinstatement is not desired or possible.
- Emotional distress. Compensation can account for the impact of emotional trauma, such as anxiety, humiliation, or depression, caused by the retaliation.
- Punitive damages. Punitive damages can punish employers who were malicious or extremely reckless in a retaliation case.
- Legal costs. Compensation can include coverage for your attorney’s fees and court costs.
Reinstatement or changes in company changes may also remedy a retaliation claim. Your employer may be required to allow you to return to your same or a similar position, without further penalties. Internal company changes could include changes to company policies that allow for retaliation to occur.
FAQs
What Evidence Do You Need to Prove Retaliation?
To prove retaliation, you must have sufficient evidence to prove that you were engaged in a protected activity, suffered an adverse action, and that the adverse action was due to your involvement in the protected activity. If you hire a retaliation lawyer, they can use evidence such as emails, text messages, witness statements, performance reviews, or pay stubs.
What Is the Statute of Limitations for a Retaliation Claim?
The statute of limitations is three years from the date of the retaliation. However, you may face sooner deadlines, such as a 300-day deadline to file a charge with the EEOC. Regardless of the statute of limitations, contacting an Elmont retaliation attorney as soon as possible can improve your ability to recover evidence such as communication records and witness statements, and prevent internal company changes that may complicate a claim.
Can Retaliation Include Scheduling Decisions?
Scheduling is a common way an employer may retaliate against an employee, especially when paid by the hour. Examples of how scheduling can be used to penalize you are if you are scheduled significantly less, scheduled for unfavorable shifts, or intentionally scheduled to have conflicts with other responsibilities, forcing you to quit. If adverse schedule changes are a result of engaging in a protected activity, you should speak with a lawyer about filing a claim in New York.
Why Should You Hire a Retaliation Lawyer?
A retaliation case can be emotionally challenging and legally complex. An Elmont retaliation lawyer can help you navigate your case by explaining what legal protections apply, gathering evidence, and negotiating for fair compensation. A lawyer can communicate with your employer on your behalf or equip you with the knowledge and confidence you need to face them directly. This prevents further retaliation and intimidation that may prevent you from filing a claim.
Hire Elmont Retaliation Lawyer
If you report a concern at work, your employer should support and investigate that claim to maintain a physically and emotionally safe work environment. Unfortunately, many employers retaliate. Rather than investigating the claim to seek an appropriate solution, some employers attempt to silence the complainant. Contact Mesidor PLLC today and let us support you with our knowledge and experience so you have the confidence to pursue damages you may be entitled to.