New York City Workplace Retaliation Lawyer

Workplace retaliation occurs when employers retaliate against employees who have engaged in legally protected activity. Victims of workplace retaliation should retain the advice and services of a New York City workplace retaliation lawyer at The Law Office of Vincent Miletti, Esq.

An employer may not fire an employee in retaliation. Firing an employee in retaliation is wrongful termination, and it’s against the law. Retaliatory firing is usually a response to reporting a crime, whistle-blowing, or filing a discrimination or harassment claim against the employer.

Federal laws, including the 1964 Civil Rights Act, the Fair Labor Standards Act, the Occupational Safety and Health Act, and the Americans with Disabilities Act, provide legal protection against workplace retaliation. Workplace retaliation is also illegal in New York under the New York State Human Rights Law and New York labor laws.

How is Workplace Retaliation Defined in New York?

In this state, workplace retaliation is any negative action an employer takes against an employee because the employee participated in a legally protected activity. An employee must prove these three claims to establish a strong workplace retaliation case:

The employee engaged in a protected, legal activity.
The employer took retaliatory action.
The retaliatory action was a response to the employee’s protected activity.

In 2022, New York lawmakers expanded the scope of New York Labor Law, Section 740, to protect former employees and independent contractors from employer retaliation. Previously, only current employees had legal protection.

What Activities are Protected by Law?

Protected activity is the basis of workplace retaliation claims. In New York, several laws and legal precedents protect these activities. Protected activities include, but aren’t limited to:

Reporting workplace harassment or discrimination based on protected characteristics (e.g., race, sex, age, disability, religion, or national origin) by filing a formal complaint with a human resources department or even an informal complaint with a manager.
Reporting a health or safety violation, seeking workers’ compensation benefits for a job-related injury, or cooperating with an investigation of an employer’s alleged illegal conduct.
Refusing to obey a supervisor’s order that the employee reasonably believes would violate the law, or reporting an employer’s suspected criminal activity that may cause physical harm or pose a hazard to the public’s health or safety.
Requesting a reasonable accommodation for a religious belief or a disability.
Expressing concerns about an employer’s wage and hour violations, including pay below the minimum wage or unpaid overtime.

What Constitutes Workplace Retaliation?

To prevail with a workplace retaliation claim in New York, the employer’s retaliation must be harsh enough to dissuade a reasonable employee from participating in the protected activity. Workplace retaliation includes more than demoting or firing a worker. Other examples include:

reduced hours or a pay cut
a temporary suspension
a transfer to a less desirable position or shift
creating a hostile work environment through verbal abuse, isolation, or intimidation
unjustifiably adverse disciplinary actions or performance reviews

How Can You Connect a Protected Activity to Employer Retaliation?

To prevail with a workplace retaliation claim in this state, you and your New York City workplace retaliation attorney must demonstrate a direct causal link between your protected activity and the employer’s retaliatory action.

Demonstrating a direct causal link is usually the most challenging aspect of a workplace retaliation case. Evidence of a direct causal link may be circumstantial and may be shown by:

Suspicious Timing: The alleged retaliation happened directly after the protected activity. For instance, an employee with excellent reviews is abruptly terminated only days after filing a discrimination or harassment complaint.
Inconsistent Treatment: The employer treats the employee who participated in the protected activity differently from similar employees who did not.
A Suspicious Pretext: The employer’s stated reason for the adverse action seems false or insincere, or the employer offers shifting or inconsistent reasons for the adverse action.
The Lack of a Legitimate Reason: The employer cannot provide a valid, non-retaliatory reason for the adverse action.
Evidence of Knowledge: The targeted employee can prove that the person who took the retaliatory action was aware of the employee’s participation in the protected activity.

What Evidence Will You and Your Employment Rights Attorney Require?

A strong retaliation claim depends on complete documentation. Maintain a personal record of all pertinent events with times, dates, the names of the individuals involved, and an objective, factual description of what occurred. Include any specific conversations, comments, or emails.

Save all pertinent documents, such as text messages, employee handbook policies, performance reviews, and written correspondence from the employer. If you communicate with the employer, do so in writing whenever possible.

Pursuing an employer’s formal internal complaint process proves you gave the employer a chance to deal with the matter. If the employer fails to respond or only responds inadequately, promptly schedule a meeting to discuss your case with a New York City workplace retaliation attorney at The Law Office of Vincent Miletti, Esq.

How Will an Employment Rights Attorney Help You?

You have two years from the date of a workplace retaliation incident to take legal action. Don’t wait two years. Take your workplace retaliation claim immediately to The Law Office of Vincent Miletti, Esq.

Don’t act as your own lawyer. Dealing with the legal process by yourself is exceedingly tricky. Any error, such as missing a mandatory deadline or failing to offer sufficient proof of your retaliation claim, could mean the permanent loss of your job and your right to file a claim.

Initiating a workplace retaliation lawsuit is only the first step in a complex legal process. The challenges of demonstrating a causal link and refuting the employer’s alleged reasons for a retaliatory action make the advice of a New York City workplace retaliation lawyer essential.

When Should You Contact an Employment Rights Attorney?

After an incident of employer retaliation, promptly call The Law Office of Vincent Miletti, Esq. We will evaluate your case, determine which laws apply, and recommend the best way to proceed. We will help you gather the evidence to build a persuasive employer retaliation case.

Attorney Vincent Miletti will explain and protect your rights, communicate with your employer, represent you during the investigation of your retaliation claim, negotiate on your behalf, and take your employer to trial if necessary.

In many cases, working with a skilled and experienced New York workplace retaliation attorney from the beginning will lead to a quick and favorable resolution of a workplace retaliation claim.

Meet Attorney Vincent Miletti

A good lawyer’s help is necessary to protect your rights and maximize your odds of prevailing if you file an employer retaliation lawsuit. Should you be targeted by workplace retaliation in New York or New Jersey, contact The Law Office of Vincent Miletti, Esq., immediately.

Attorney Vincent Miletti will bring your employer retaliation case to its best possible conclusion and protect your rights throughout each stage of the legal process. The Law Office of Vincent Miletti offers outstanding client service and practical solutions to employment-based legal needs.

In workplace retaliation cases, having an attorney represent you is essential to protecting your rights. Call us in New York at 314-648-2586 or New Jersey at 609-293-5928 to schedule a free consultation to discuss what The Law Office of Vincent Miletti, Esq., can do for you.