Employment Retaliation Lawyers– Protecting the Rights of Workers!

If your employer takes negative action against you for reporting harassment or discrimination, in that case, you may file a retaliation case against your employer regarding this harassment or discrimination concern.

If you experience worse working conditions or treatment since filing a complaint, in that case, you may speak to your Retaliation Lawyers in New York City about protecting your rights.

This article discusses what workplace retaliation is, its types, and how a retaliation lawyer evaluates a retaliation case.

What do you mean by workplace retaliation?

If an employer takes detrimental employment action against an employee or job applicant as they are committed to legally protected activity, it is considered retaliation.

In various cases, the protected rights involve laws prohibiting harassment, discrimination, illegal workplace activity, and other prohibited actions.

When an employee complains internally or externally to another body, like Equal Employment Opportunity Commission (EEOC), about adverse workplace conditions or treatment, they are protected by federal law. Furthermore, the law protects employees participating or serving as witnesses in EEOC cases. Retaliation Lawyers in New York help represent clients who have suffered retaliation after –

• Questioning co-workers about their salary to uncover potentially discriminatory wages.
• Complaining to your employer regarding workplace discrimination and harassment.
• Conflicting illegal activity in the workplace.
• Filing an EEO, FEHA charge, complaint, investigation, or lawsuit.
• Pointing out organization safety violations.
• Refusing to enlist in work results in discrimination toward others.
• Unreasonable scrutiny of work at the workplace.

Types of workplace retaliation –

Employees may have various legal rights and protection under local, state, and federal employment laws, including;

• Right to a minimum wage.
• Overtime pay.
• Protection against discrimination and harassment.

Moreover, employees are also protected from defending their rights under these laws. Below mentioned are some common types of workplace retaliation –

Anti-discrimination retaliation –

Employees are protected by a variety of anti-discrimination laws, such as;

• Title VII of the Civil Rights Act of 1964.
• Age Discrimination in Employment Act (ADEA).
• New York City Human Rights Law (NYCHRL).
• Americans with Disabilities Act (ADA).
• New York State Human Rights Law (NYSHRL).

Together, these laws inhibit employment discrimination based on protected characteristics like age, gender, religion, sexual orientation, gender identity, disability, and pregnancy. In addition, this law also protects employees from retaliation for complaining to their employers or the appropriate government agency regarding discrimination or harassment.

Wage-and-hour retaliation–

This law entitles employees to have minimum wages under the New York State Labor Law and overtime pay under the Fair Labor Standards Act. In addition, this law also inhibits employers from retaliating against employees who complain about minimum wages concern and overtime violations or who file wage and hour claim concerns.

Family medical leave retaliation–

This law requires companies with 50 or more employee workforce strength to administer eligible employees with up to 12 weeks of unpaid leave each year to –

Take care of a newborn, recently adopted child, or an immediate family member (spouse, child, or parent) with a serious health concern.

• Due to a serious health concern.
• Help loved ones when a family member is set up abroad on active military service.

To be eligible for this, an employee need to have worked for at least 1250 hours over 12 months for that employer. The Family and Medical Leave Act (FMLA) of 1993 prohibits employers from retailing against employees who exercise this right.

Moreover, employers are prohibited from terminating, demoting, reprimanding, harassing, or taking any other adverse employment action in retaliation against employees who affirm their rights or the rights of other employees.

How can a Retaliation Lawyer help an employee file a retaliation case?

Hiring experienced Retaliation Lawyers in New York can make a critical difference in a workplace retaliation case. A knowledgeable and experienced lawyer interprets the law and the legal processes for filing a valid workplace retaliation case. Moreover, an attorney can ensure the case is filed correctly with the appropriate governmental agencies to begin the process. After ensuring this, a lawyer can start collecting evidence, interviewing the witnesses, scheduling depositions, and gathering every essential information to prove that an employer took an adverse employment action as their employee is engaged in a protected activity.

If the government does not settle a case, a retaliation lawyer must take the workplace retaliation claim to trial. If you're facing retaliation at work, it's important to have a lawyer who can represent you in court and make a compelling argument on your behalf. A good retaliation lawyer will also guide you through the discovery and trial process and be available to answer any questions. They can protect your rights as an employee and fight to get you the compensation you deserve for the retaliation you've experienced.

Want to have a consultation with our Workplace Retaliation Lawyer?

If you have experienced workplace retaliation and are seeking legal help, the Retaliation Lawyers team at Cohen & Fitch LLP can provide you with powerful representation in New York City. We are aware of your worries about your career and future and will do everything possible to address the situation. Please call (212) 374-9115 to speak with our experienced attorneys or to find out more about how we can assist you with your case.