Retaliation by Employer

In New York, if you complain to your employer about discrimination, harassment or other violations of your rights in the workplace, your employer may not properly take any action against you that you might view as punishment or retaliation for the complaint. New York retaliation laws also protect an employee who participates in an investigation or files a lawsuit against an employer for discrimination, harassment, or other workplace violations.  The New York retaliation attorneys at the Law Offices of Risman & Risman, P.C. are passionate about protecting your rights and are here to serve your legal needs.

If you have a genuine and reasonable basis to believe that your complaints are legitimate and meritorious, even if they turn out to be unfounded, your employer violates the law if, as a result of your complaint, he or she takes actions against you that negatively or adversely affect your employment.

Adverse actions include, but are not limited to discipline, negative evaluations, issuance of warnings, salary reduction, demotion, discipline, firing, change in shift assignment, or change in job assignment. Retaliation may also include hostile attitudes or behavior by employers, including managers, supervisors, human resources representatives, or coworkers, toward an employee who complained.

A few examples of retaliatory behavior include but are not limited to:

• Your employer learned that you are participating in an investigation of a sexual harassment allegation against him, and shortly thereafter, gives you an unusually negative evaluation even though your performance has remained continuously effective.
• You file a discrimination complaint against your supervisor with the Human Resources Representative in your company. You are fired soon afterwards because of “performance issues” although your performance was never an issue before you made your complaints.

Many times, retaliation can occur in more subtle ways over a prolonged period of time. That is why it is best to seek counsel regarding a possible retaliation claim against a former employer. The retaliation attorneys at the Law Office of Risman & Risman, P.C. are eager to discuss your concerns with you. There is no charge for the consultation. Please feel free to call us at (212) 233-6400 or contact us online.