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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

According to the NY Department of Human Rights, employers can be held responsible for sexual harassment in the workplace in the following circumstances:
If the harassment was the fault of a co-owner, manager, or supervisor the employer is responsible, regardless of whether or not they knew it was occurring
If the harassment occurred among regular employees, the employer can be held responsible if they knew about it, should have known about it, or failed to have a sexual harassment policy in place.
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Employee Discrimination

Our lawyers are prepared to represent clients who face any type of employment discrimination such as:
Gender discrimination
Marital status discrimination
Pregnancy discrimination and FMLA violations
Sexual orientation discrimination, including transgender discrimination and harassment
Age discrimination
Race or national origin discrimination
Disability discrimination
Religious discrimination
Criminal record discrimination
Violations of the Genetic Information Nondiscrimination Act (GINA)
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Wage & Hour Disputes

We handle many cases that involve wage and hour disputes, including people in certain industries who often fall victim to these situations as well as instances involving:
Unpaid overtime
Under-the-table compensation
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Education Law

New York City teachers face challenges inside and outside the classroom. When they face the possibility of losing their jobs, they deserve representation by experienced attorneys.

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.

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Wrongful Termination

Even in an ‘At Will’ Work Situation, You Have the Right to Work. Employers will always claim that they had a valid reason to lay off or fire an employee. But in many circumstances, this is just disguised discrimination of one form or another. Continued employment and advancement is frequently based on performance reviews. If you have a perfect record, then suddenly go from perfect to pariah, it may be a case of your supervisor or employer giving a negative review in order to have an excuse to remove you from your position or deny a promotion.

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.

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Other Employment Law Issues

As a full-service employment law firm, we can also help you with:
Labor and union representation
Mediation and arbitration matters
Employment contract negotiations and matters
Employer defense
Our New York employment attorneys are dedicated to ensuring that all workers have the opportunity to pursue successful careers, and experience workplaces that are free of harassment or other situations that create tension.
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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.

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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.

Contact a Long Island Retaliation Attorney Today

Employees should feel comfortable exercising their rights under federal and state law. When an employer engages in any adverse action that looks like retaliation, it is critical to seek advice from an experienced Long Island retaliation lawyer. You should remember that retaliation is not always overt, but it is always prohibited. Accordingly, if you have concerns about retaliation, you should have an attorney assess the facts of your case. Contact Ricotta & Marks, P.C. today online or call us at 347-464-8694.

Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Contact Our Office347.464.8694