Long Island Workplace Retaliation Lawyers
Workplace Retaliation
New York Retaliation Attorneys Serving Clients on Long Island
As an employee on Long Island, you have rights when it comes to how you are treated and paid in your workplace.
Employers must respect federal and New York state laws that are designed to protect workers against unlawful discrimination, and that are designed to ensure workers are paid fairly and otherwise treated fairly on the job. However, in some situations, workers will face negative consequences from an employer if they decide to exercise their rights. Such negative consequences are known as “retaliation,” and there are a wide variety of federal and state laws that prohibit workplace retaliation. According to the U.S. Equal Employment Opportunity Commission (EEOC), retaliation “is the most frequently alleged basis of discrimination in the federal sector” and one of the most common sources of employee complaints.
It is important to understand that retaliation is unlawful and that you have options. One of the experienced Long Island workplace retaliation lawyers at our firm can speak with you today about filing a retaliation claim under federal or New York state law.
What is Retaliation on Long Island?
The EEOC, the New York State Division of Human Rights, New York State Department of Labor, the U.S. Department of Labor, and other agencies enforce federal and state laws that prohibit retaliation by employers against employees. Both federal and state law prohibit retaliation for making a complaint of discrimination or sexual harassment. The NYS Department of Labor defines retaliation as “any unfavorable action against an employee for complaining about labor law violations or reporting them to the authorities.” In other words, any unfavorable action taken by an employer against an employee because that employee has exercised his or her rights by filing a complaint or participating in a complaint process can face serious consequences. Examples of retaliation may include but are not limited to:
- Termination or dismissal from the job;
- Reduction in work hours;
- Rescheduling work hours to a less desirable time;
- Reassignment to a less desirable position or jobsite location;
- Reduction in pay;
- Failure to give a promised raise;
- Failure to give a pay increase that is supposed to apply to all employees;
- Taking disciplinary action against the employee;
- Engaging in more intensive or critical supervision of the employee;
- Demoting the employee;
- Transferring the employee to a less desirable;
- Taking away privileges from an employee;
- Taking away certain employee benefits;
- Assigning an employee more difficult or time-consuming job duties;
- Engaging in verbal or physical abuse against the employee;
- Making threats against the employee;
- Threatening or actually reporting the employee to authorities for issues like immigration status; or
- Spreading false rumors about the employee.
Queens and Long Island
Labor Employment Lawyers in Queens and Long Island
Advocating on Behalf of
Employees
At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:
Harassment
Employee Discrimination
Wage & Hour Disputes
Education Law
At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.
Wrongful Termination
Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.
Other Employment Law Issues
Employees on Long Island Have Rights and Can Exercise them Without Fear of Retaliation
Under the federal laws enforced by the EEOC and The New York State Human Rights Law, employees can engage in the following actions or activities without fear of reprisal or retaliation from the employer:
- Filing a complaint about a violation of the law;
- Filing a complaint with the New York State Department of Labor, the federal Department of Labor, the New York State Division of Human Rights, or the EEOC;
- Providing information to an investigator during a claim investigation;
- Testifying as part of an investigation or other proceeding; and/or
- Exercising any other rights that are protected under state or federal law.
Federal and State Laws Prohibit Retaliation in the Long Island Workplace
The following are examples of federal and state laws that prohibit retaliation in the Long Island workplace:
- Title VII of the Civil Rights Act of 1964;
- Pregnancy Discrimination Act;
- Fair Labor Standards Act (FLSA);
- Whistleblower Protection Act;
- Americans with Disabilities Act (ADA);
- Age Discrimination in Employment Act (ADEA);
- Family and Medical Leave Act;
- New York Human Rights Law (NYHRL); and
- Section 215 of New York State Labor Law.
Remedies for Long Island Retaliation
Depending upon whether you file a claim under federal or New York law, the following are potential remedies for retaliation:
- Reinstatement to original position (or similar position if original position has been filled);
- Restoration of the employee’s seniority;
- Compensation for lost wages;
- Damages; and
- Attorneys’ fees.
In addition, an employer who violates federal or state laws prohibiting retaliation for violations of the Labor Law can be assessed financial penalties (which can be up to $20,000 per violation under New York state law), and can be ordered to pay compensation and liquidated damages to the employee.