What Is Workplace Retaliation?
If your employer is taking retaliation actions against you for engaging in a legally protected activity, a Hamptons employment lawyer can help.
A protected activity can include several actions, some of which challenge anything illegal or discriminatory your employer has engaged in. Protected activities include:
- Asking for disability accommodations
- Being a “whistleblower” for any illegal activities your company may be involved in
- Documenting and reporting an unsafe working environment
- Filing a complaint against discrimination in the workplace
- Filing workers’ compensation after an injury
- Requested paid or unpaid family or medical leave
Workplace retaliation occurs when your employer decides to make your work environment uncomfortable, antagonistic, or unfriendly through the following:
- Any actions that can be considered harassment
- Assigning you all unfavorable work tasks
- Being intentionally left out of meetings and professional activities
- Changing your hours or work location with no reason
- Denying any reasonable accommodation requests
- Excessive micromanaging of your work
- Firing you or cutting back your hours
- Giving you a negative performance review
- Loss of promotions or raises
- Unfair demotions
- Lowering or denying pay or benefits for no reason
Understanding New York Retaliation Laws
New York has several laws that can protect you against workplace retaliation.
For example, New York Labor Law Section 215 prohibits an employer from retaliating against an employee, including threatening, penalizing, firing, or discriminating against them.
New York Labor Law Section 740 (LS740), also known as New York’s Whistleblower Law, protects the rights of employees who report or file a complaint against their employer for an illegal activity.
In 2021, New York State Senate Bill 2021-S4394A was passed to expand Section 740 of the state’s labor law. It now includes former employees, and retaliatory actions now include anything that might jeopardize a person’s future employment or immigration status.
Additionally, under the New York State Human Rights Law, specific protected characteristics are illegal for any employer to discriminate against, including:
- Age
- Arrest or conviction record
- Citizenship or immigration status
- Country of origin
- Ethnicity
- Disability
- Family status, including pregnancy or having young children
- Gender or gender identity
- Income sources
- Marital status
- Military ranking
- Religion
- Sexual orientation
- Being a victim of retaliation, domestic violence, or any other crime
How a Hamptons Retaliation Lawyer Can Help
Despite being aware of illegal or unethical conduct in their workplace, about 43% of Americans say they fear workplace retaliation if they report it. However, not reporting discrimination or other unlawful activities allows the company to continue its practices without worrying that someone will speak up.
An uncomfortable work environment can cause unnecessary stress and anxiety for employees. If you hire a retaliation lawyer, they can provide you with the tools you need to assert your rights. An attorney can work to prove your case and penalize employers who act illegally.
A Hamptons retaliation lawyer can:
- Evaluate your claim to see if it involves workplace retaliation under New York laws.
- Gather evidence, including emails, voice mails, texts, memos, performance reviews, and witness statements, to establish retaliation.
- Guide you through the legal process, including showing you how to correctly fill out and file all the proper forms.
- Negotiate settlements with your employer outside the courtroom.
- Represent you and your interests in court.
FAQs
How Much Does a Retaliation Case Cost in the Hamptons?
How much retaliation a case may cost in the Hamptons, or any other area of New York, depends on the specific case and its complexity. For instance, cases that go to court generally cost more than those that are negotiated outside the courtroom. Upon your initial consultation with your Hamptons retaliation attorney, they can provide you with a cost estimate after hearing more about your case and what it involves.
How Much Is My New York Retaliation Case Worth?
How much your retaliation case is worth depends on your specific situation. After hearing your case, a judge from the Suffolk County Supreme Court might award you:
- Back or front pay
- Compensation for emotional distress
- Punitive damages
- Reimbursement of attorney expenses
Your Hamptons retaliation lawyer can calculate the damages your case may qualify for.
What Is the Statute of Limitations for Filing a Workplace Retaliation Case in New York?
The statute of limitations for filing workplace retaliation in New York depends on your specific case. For example, Hamptons employees have up to three years to file workplace retaliation claims with the New York State Division of Human Rights, while whistleblower retaliation claims must be filed within two years under New York Labor Law Section 740.
If you are facing workplace retaliation in New York, contact a Hamptons retaliation attorney right away so you don’t miss any important deadlines.
Can I Face Workplace Retaliation After I Quit a Job?
Unfortunately, you can still face workplace retaliation after quitting a job. Examples include your past employer:
- Blacklisting you from being hired by other companies in your industry
- Providing negative references or denying references
- Withholding your final pay, including unused PTO
Consult a Hamptons employment lawyer if you’re experiencing any type of retaliation from your previous employer.
Know Your Rights: Hire a Retaliation Lawyer Today
Workplace retaliation can have a profound impact on your mental health, livelihood, and ability to provide for you and your family. Whether you’re facing discrimination, harassment, or unfair employment practices, New York law is on your side. However, it can be very difficult to challenge workplace retaliation on your own.
Mesidor PLLC has years of experience in helping Hamptons residents just like you. We provide the resources and advocacy they need to find the equity they deserve, know their legal options, and stand up to workplace retaliation.
Contact our office today to learn more about how we can help.