NYC Workplace Retaliation Lawyer

Over 110 Years of Combined Experience Fighting Employer Retaliation in New York

Standing up for your rights as an employee can be intimidating, and some employers respond to that assertion of rights with retaliation. At Schwartz Perry & Heller LLP, we represent employees in New York City who have faced exactly that. Retaliation can take many forms: termination, demotion, unfavorable work assignments, pay cuts, or any other adverse action that harms an employee’s terms and conditions of employment.

We have a proven track record of successfully representing employees across New York City and helping protect their rights.

What Is Employer Retaliation?

Employer retaliation occurs when an employer takes adverse action against an employee in response to that employee exercising legally protected rights. Those rights include:

• Filing a complaint about workplace discrimination or harassment
• Requesting reasonable accommodations for disabilities
• Reporting illegal activities or violations of labor laws
• Participating in a workplace investigation

Is Workplace Retaliation Illegal in NYC?

Retaliation is unlawful under federal and state employment laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Fair Labor Standards Act (FLSA). It is also prohibited in New York City under the New York City Human Rights Law (NYCHRL), which bars employers from retaliating against employees who engage in protected activities. These laws are enforced by the New York City Commission on Human Rights (NYCCHR).

Protected activities under the NYCHRL include:

• Filing a complaint or participating in an investigation regarding discrimination, harassment, or other NYCHRL violations.
• Requesting a reasonable accommodation for a disability or religious practice.
• Exercising rights under applicable labor laws, including those related to wages, hours, or collective bargaining.
• Reporting violations of applicable laws or regulations to government authorities.
• Opposing or disclosing discriminatory practices in the workplace.

Employees who believe they’ve been subjected to workplace retaliation can file a complaint with the NYCCHR. The NYCCHR has authority to investigate complaints, issue findings, and award remedies including back pay, reinstatement, compensatory damages, and civil penalties.

What Does Retaliation in the Workplace Look Like?

Overt retaliation is often straightforward: an employer fires or demotes someone shortly after a complaint is filed. But some employers are aware of anti-retaliation laws and act more carefully. When that happens, you need to pay close attention to how your employer’s behavior changes after you speak up.

Adverse actions that may constitute retaliation include:

• Negative work evaluations
• Salary decreases or demotions
• Firing or termination
• Hostile or insulting treatment

If you’ve reported a wrongdoing and are now facing consequences, you need to act quickly to protect yourself and your career. Our New York City workplace retaliation attorneys take every whistleblower and retaliation claim seriously and work to pursue compensation for wrongful termination, lost career opportunities, and other harms tied to the retaliation.

To put retaliation in the workplace into perspective, consider this example: You are consistently praised at work for your productivity and positive perspective. After being sexually harassed by your boss, you report it to human resources. During your next performance review a few weeks later, you are terminated, or even just reprimanded, for “subpar performance.”

Navigating Workplace Retaliation in New York City

New York City’s workforce is one of the most diverse in the world, which makes workplace retaliation a concern across virtually every industry and neighborhood. The New York City Commission on Human Rights is a valuable resource for employees facing retaliation after asserting their rights, but online research alone isn’t a substitute for legal guidance. Working with a NYC workplace retaliation lawyer gives you the informed advocacy that general resources simply can’t provide.

We’re committed to helping New Yorkers understand their rights and act on them. Whether you work in the Financial District or anywhere across the five boroughs, we can help you stand up against unfair treatment and make your voice heard.

Whistleblower Retaliation & Discrimination-Based Retaliation in New York

Not all retaliation claims arise from the same circumstances. Two of the most common categories we handle are whistleblower retaliation and discrimination-based retaliation, and each carries its own legal framework and protections.

Whistleblower Retaliation

Whistleblower retaliation occurs when an employer punishes an employee for reporting illegal activity, safety violations, fraud, or regulatory violations to a government agency or law enforcement. New York Labor Law Section 740, significantly broadened in 2022, protects employees from termination, demotion, or any other adverse employment action when they report conduct that endangers public health, violates regulations, or involves financial fraud. Our retaliation attorneys in New York handle these claims and know how to build them under both state and federal whistleblower statutes.

Discrimination-Based Retaliation

Discrimination-based retaliation occurs when an employer takes adverse action against an employee for complaining about or opposing discriminatory treatment based on a protected characteristic such as race, gender, age, disability, sexual orientation, religion, or national origin. Filing a complaint with the Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights, or the NYCCHR is itself a protected activity. An employer who retaliates against an employee for making such a filing violates anti-retaliation law, even if the underlying complaint is ultimately not substantiated. Good-faith reporting carries its own protection.

These categories frequently overlap. The same adverse action can constitute both unlawful discrimination and unlawful retaliation, and we handle cases where both arise simultaneously from a single event. Our practice covers the full range of retaliation sub-types, which means clients don’t have to piece together representation across multiple firms when their claims cross legal theories.

FMLA Retaliation for New York Employees

FMLA retaliation occurs when an employer takes an adverse action against an employee because that employee requested or took leave protected under the Family and Medical Leave Act. It doesn’t always look like a termination. Employers sometimes shift an employee to less favorable hours after a return from leave, assign less meaningful work, exclude the employee from meetings and opportunities, or miscount FMLA-protected absences as grounds for discipline. These actions can be just as damaging as an outright firing.

Warning signs include performance write-ups closely timed to a leave request or return, sudden changes to schedule or job duties after leave ends, pressure to resign rather than take protected time, or negative comments about the need for leave. New York employees may also have rights under New York State Paid Family Leave (NYPFL), which supplements FMLA protections and applies to employers regardless of size.

When we evaluate an FMLA retaliation or interference claim, we examine how the employer handled the employee’s return, whether the employee’s position or duties changed, and whether the employee was treated differently from coworkers who didn’t take leave. The FMLA statute of limitations is generally two years from the date of the violation, extended to three years for willful violations under 29 U.S.C. 2617. Remedies may include back pay, front pay, reinstatement, and liquidated damages equal to the back pay award, plus attorney fees. If you believe your employer retaliated against you for taking or requesting medical leave, our retaliation lawyers in New York can review what happened and help you understand your options.