Every employee should be able to exercise their rights without being afraid of their employer. Whether this is requesting disability assistance or whistleblowing against injustice, some laws protect employees from being fired or receiving discriminatory actions because of their actions.
These laws are part of New York’s Title VII law, which advocates for worker equality. While there are many aspects of worker equality, one of the most important is protection against workplace or employer retaliation.
If you have taken action at work that shouldn’t have endangered your job, but you feel as though it has, continue reading. We’ll talk about retaliation laws for employers and employees and how a retaliation lawyer can protect you.
What is Retaliation Law?
Retaliation law is part of equal employment law. It protects employees exercising their legal rights and prevents a company from unlawfully firing a whistleblowing employee.
Acts of retaliation include:
- firing someone,
- cutting their hours,
- rescheduling them to a less desirable time,
- taking disciplinary action,
- transferring them,
- reporting them to the police for an unrelated matter, and
- threatening to do any of these things.
These acts of retaliation are illegal if they follow a lawful action by an employee, such as a wage inquiry or filing a complaint against the company. If you have exercised your right as an employee and received punishment for it, you could be entitled to compensation.
Employees
Employers have a certain set of rights and responsibilities in the workplace. Among these are taking care of themselves and their fellow employees. If a worker sees an employee or subgroup of people getting mistreated, they can speak up without fear for their job.
Here are some of the activities that are protected by anti-retaliation laws:
- Opposing an unlawful practice
- Filing a charge against the company for an unlawful practice
- Testifying in court against the company
- Assisting in an investigation against the company
As long as these activities are related to an unlawful practice that the company is undergoing, an employee is safe from getting let go, fired, or even getting a pay cut while doing this. Although some companies might discourage it, discussing salaries, asking for paid time off, and filing complaints are all protected activities.
Employers
Of course, retaliation also protects employers. Because of retaliation acts, employers cannot fire anyone speaking against them. However, should the accusation prove false, the company will not be at fault because it did not fire the employee.
Employers are legally prohibited from firing employees who take any of these actions. They also cannot perform any action that adversely affects that employee’s status in the company or employment.
If an employer takes action against an employee that can be interpreted as retaliation, the employee might have a case for retaliation law. This is especially true if the employee advocated for equality in pay and accessibility or pointed out a discriminatory practice.
Retaliation Law Services
Here at The Howley Law Firm, we specialize in employment law and retaliation law. With a specialty in employment services and several experienced whistleblower attorneys, Howley has the experience necessary to help you with your employment issues.
If you have performed whistleblowing services at your job and been punished for that, our retaliation lawyers are here to help. Whether you’ve been fired or are experiencing a hostile work environment, we can help improve it. Here are a few of the services we offer for retaliation law cases.
Consultations
Of course, we offer consulting services for any incoming clients. Talk to one of our retaliation attorneys about the issues at work, and we will give you our best advice on what to do moving forward. With a licensed attorney, you can decide whether you need to file a retaliation lawsuit against your employer or find another route.
Wrongful Termination
One of the most common retaliation law cases is the case of wrongful termination. If you were fired because you raised concerns at work, you have a definite right to file a grievance claim. We can help you set up a wrongful termination lawsuit and see justice served so you can get your life back on track.
Hostile Work Environment
Sometimes, retaliation doesn’t come in the form of being let go. Instead, your employers try to make your work environment so toxic that you quit. However, you can take legal action, as a hostile work environment falls under retaliation. As long as it can be proved, you can start a lawsuit against your employer.
Class Actions
We offer class action lawsuits if you are one of many employees with similar problems. It might be scary to speak up against an employer, but we are here to help. With more plaintiffs, a class action lawsuit can gain traction and make real changes in a company.
Contact a Retaliation Attorney Today
Employer retaliation is illegal when an employer is exercising their rights. If you have been the victim of employer retaliation in New York, don’t hesitate to call us. The law is on your side, and so are our retaliation lawyers.
