NYC Workplace Retaliation Lawyer
Protecting Your Rights Against Employer Retaliation
At Schwartz Perry & Heller LLP, we understand that standing up for your rights as an employee can be a challenging and intimidating process. Unfortunately, employers sometimes resort to retaliation when employees assert their legal rights. Retaliation can take various forms, including termination, demotion, unfavorable work assignments, reduction in pay, or other adverse actions that negatively affect an employee's terms and conditions of employment.
We have a proven track record of successfully representing employees in New York City, NY, and ensuring that their rights are protected.
What is Employer Retaliation?
Employer retaliation occurs when an employer takes adverse actions against an employee in response to their exercise of legally protected rights. These 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?
It's important to note that retaliation is unlawful and goes against 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).
Yes, workplace retaliation is generally illegal in New York City. NYC has strong anti-retaliation laws in place to protect employees from adverse actions taken by employers in response to certain protected activities. These laws are enforced by the New York City Commission on Human Rights (NYCCHR).
Under the New York City Human Rights Law (NYCHRL), employers are prohibited from retaliating against employees who engage in protected activities, such as:
- Filing a complaint or participating in an investigation regarding discrimination, harassment, or other violations of the NYCHRL.
- Requesting a reasonable accommodation for a disability or religious practice.
- Exercising their rights under applicable labor laws, such as 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.
If an employee believes they have been subjected to workplace retaliation, they can file a complaint with the NYCCHR. The NYCCHR has the authority to investigate complaints, issue findings, and award remedies such as back pay, reinstatement, compensatory damages, and civil penalties.
What Are Some Examples of Retaliation in the Workplace?
Unfair workplace retaliation is generally clear to see, as business owners who use illegitimate business practices will often outright fire or demote someone who has filed a complaint about them.
In some cases, employers are well aware of anti-retaliation laws and choose to act carefully with how they punish employees who voiced their concerns. When such a situation arises, you must be keenly aware of your employer’s actions to determine if they have used unfair retaliation to harm you.
Inappropriate adverse actions could include:
- Negative work evaluations
- Salary decreases or demotions
- Firing or termination
- Hostile or insulting attitudes
If you have reported a wrongdoing and now face retaliation, you need to act fast to protect yourself and your career. Get the help you need from Schwartz Perry & Heller LLP. Our New York City workplace retaliation attorneys take each and every whistleblower and workplace retaliation claim with utmost seriousness and do everything in our power to ensure you are treated fairly, including receiving compensation for wrongful terminations, lost career opportunities, or any other inconveniences related 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.”
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Employees who complain about workplace discrimination, or who notify authorities about illegal business practices conducted by their employers, are protected from retaliation in the workplace by whistleblower laws. Any action that could be interpreted as a punishment or penalty used against you after you make such a claim or complaint is strictly prohibited by federal legislation.
You also cannot face retaliation for:
- Participating in an investigation against the employer
- Filing a lawsuit against the employer
Not only should you speak up when you are being unfairly retaliated against at work, the law actually encourages you to do so. Careful steps will be required if you want to ensure your case is solid and does not leave anything up to chance alone. Schedule your initial consultation with our New York City workplace retaliation lawyers and we can help you determine the best manner in which to proceed for your case.
What Is the Statute of Limitations on Workplace Retaliation in NY?
In New York, the statute of limitations for filing a claim related to workplace retaliation depends on the specific law under which the claim is brought.
The statute of limitations for common types of workplace retaliation claims in New York includes:
Retaliation under the New York State Human Rights Law (NYSHRL): Under the NYSHRL, which covers employers outside of New York City, an individual generally has three years from the date of the alleged retaliatory action to file a complaint with the New York State Division of Human Rights (DHR) or pursue a lawsuit in court.
Retaliation under the New York City Human Rights Law (NYCHRL): For workplace retaliation claims within New York City, the statute of limitations is generally shorter. An individual has one year from the date of the alleged retaliatory action to file a complaint with the New York City Commission on Human Rights (NYCCHR).
Retaliation under federal laws: If the retaliation claim is based on federal laws, such as Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act (ADEA), the individual has 180 days or 300 days (depending on the circumstances) from the date of the alleged retaliatory action to file a complaint with the Equal Employment Opportunity Commission (EEOC). After receiving a Notice of Right to Sue from the EEOC, the individual generally has 90 days to file a lawsuit in federal court.
Schwartz Perry & Heller LLP – Your Employment Rights Are Our Business. Contact Us Today.
Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.- N.W.
I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.- A.M.
Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can win yours. Nothing beats the best.- D.K.
Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.- D.New York, NY
Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+- D.W.
On short notice, Brian Heller reviewed contracts with complex international dimensions and found important discrepancies that I and other senior-level executives had missed completely. He was fast, thorough, and detail-oriented in providing pragmatic advice that enabled us to be sure that we were getting the fairest and best possible treatment under the law. We remain tremendously grateful for his support and look forward to working with him again.- Eric
After having a terrible experience at my last job, facing the anxiety again of having to rehash the treatment was daunting. Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me. I won’t lie, there were moments I wanted to give up, but Davida was always there to help me stay focused and realize that I didn’t need to let them win. She was really great at countering all of their arguments, I pity anyone that would try to prove her wrong. She thought of everything we need and kept me constantly updated. Mostly what I appreciated about Davida was her kindness, and her genuine care for my mental health. She wanted to make sure I was taking care of myself during a very trying time. I cannot recommend this firm enough. They all clearly care about their clients and want to do best for you. Don’t be afraid to stand up for yourself, and if you’re worried about the challenges that lie ahead be sure to team with Schwartz Perry & Heller, they will have your back and fight for justice.- T.B.
Brian was extremely helpful and responsive it helping me review my first ever separation agreement. He was able to explain the legalese in a way that allowed me to understand the risks I could be taking on down the road. After speaking to him, I was able to negotiate to include additional language in my agreement that will protect my future career. He was nothing but professional and incredibly responsive. I can't recommend him enough.- Former Client