Workplace retaliation is a serious violation of employee rights in New York. Employees who report harassment, discrimination, or unlawful workplace behavior are legally protected from employer retaliation. With that said, many workers face consequences such as demotion, termination, pay cuts, or workplace hostility after making a complaint.
At Levine & Blit, our dedicated New York workplace retaliation attorney team has the skills, experience, and resources to take on powerful employers and insurance companies to recover maximum compensation for employees who have suffered retaliation.
👉Also Read: 10 Common Signs of Retaliation at Work and Your Legal Options in New York
What is Workplace Retaliation in New York?
Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. In the context of workplace harassment, retaliation can happen after an employee files a complaint about issues such as sexual harassment, workplace discrimination, sexual orientation discrimination, or a hostile work environment.
What Constitutes Retaliation?
An action qualifies as retaliation if:
- The employee engaged in a legally protected activity, such as reporting harassment or cooperating in an investigation
- The employer took an adverse action against the employee, such as firing, demoting, or harassing them
- There is a clear link between the protected activity and the employer’s retaliatory action
Signs of Retaliation at Work
- Termination or wrongful dismissal after reporting harassment
- Reduction in wages, hours, or benefits
- Unjustified poor performance evaluations
- Exclusion from meetings, projects, or workplace opportunities
- Verbal abuse, threats, or increased scrutiny
- Unwarranted disciplinary actions
- Transfer to an undesirable location or shift
- Different forms of hostile work environment retaliation
Legal Protections Against Workplace Retaliation in New York
New York employees are protected by both federal and state laws from retaliation for reporting workplace harassment.
Federal Laws Protecting Against Retaliation
- Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against employees who report discrimination or harassment.
- The Equal Employment Opportunity Commission (EEOC) enforces federal anti-retaliation laws as well as the provisions under the Fair Labor Standards Act.
New York State and City Laws Protecting Employees
- The New York State Human Rights Law (NYSHRL) provides broader protections against unlawful retaliation than federal law
- The New York City Human Rights Law (NYCHRL) protects employees from retaliation regardless of employer size and allows for higher damages in lawsuits
- New York’s whistleblower protection laws prohibit retaliation against employees who report illegal activities in the workplace
Steps to Take if You Are Facing Retaliation
Retaliation can be subtle or blatant, but taking the right steps early can protect your rights and strengthen your case. If you suspect that your employer is punishing you for reporting workplace harassment or for opposing discrimination, follow these essential steps:
Document Everything
Keeping thorough records is one of the most important actions you can take. Detailed documentation provides concrete evidence of retaliation and helps establish a clear timeline of events.
- Preserve Your Original Complaint – Keep a copy of any formal complaints you submitted about harassment, including emails, written letters, or internal company reports. If you made a verbal complaint, document the date, time, and details of the conversation.
- Track Retaliatory Actions – Create a timeline of events following your complaint. Note changes in treatment, sudden negative performance reviews, exclusion from meetings, pay cuts, demotions, or other adverse actions.
- Retain Correspondence – Save all communications with your employer, HR representatives, and colleagues related to your complaint. Emails, text messages, and meeting notes may serve as critical evidence.
- Keep Copies of Performance Evaluations – If you received positive performance reviews before reporting harassment but were suddenly given poor evaluations afterward, this can serve as proof of retaliation.
- Collect Witness Testimonies – If both the employee and coworkers experienced similar retaliation or the coworkers noticed changes in your treatment after your complaint, their statements can help corroborate your claims.
Report Retaliation Internally
Before pursuing legal action, it’s essential to follow your employer’s internal complaint process. Many companies have anti-retaliation policies, and reporting retaliation formally puts your employer on notice.
- Notify Human Resources (HR) or the Compliance Department – File a complaint in writing, detailing the retaliation you are experiencing. Request an investigation and keep a copy of the complaint for your records.
- Follow Company Policies – Review your employer’s handbook or internal policies on retaliation and follow the outlined reporting procedures as a reasonable employee of the organization.
- Request a Written Response – If HR or management responds to your complaint, ask for their response in writing. A formal reply acknowledging your report can be useful in legal proceedings if the issue remains unresolved.
- Avoid Retaliating Yourself – While it can be frustrating to experience unfair treatment, maintain professionalism and avoid actions that could be used against you, such as arguing with supervisors or violating company policies.
File a Complaint with the EEOC or New York Authorities
If your employer does not take appropriate corrective action against unlawful discrimination or continues to retaliate against you, you can escalate the matter by filing a formal complaint with a government agency under applicable laws.
- Equal Employment Opportunity Commission (EEOC) – The EEOC enforces federal anti-retaliation laws and investigates claims of employer retaliation. Employees must file a complaint with the EEOC before pursuing a federal lawsuit under Title VII of the Civil Rights Act.
- New York State Division of Human Rights (NYSDHR) – This agency enforces state anti-retaliation laws and provides an alternative to filing a federal complaint. NYSHRL offers broader protections than federal law.
- New York City Commission on Human Rights (NYCCHR) – If you work in New York City, you may file a complaint under the NYC Human Rights Law, which offers some of the strongest worker protections in the country.
- Time Limits Apply – Complaints must be filed within a certain time frame. The EEOC generally requires complaints within 300 days of the retaliatory action, while the NYSDHR and NYCCHR may have different deadlines. Consulting an attorney can help ensure compliance with filing deadlines.
Consider Legal Action
If internal complaints and administrative filings do not resolve the issue, you may need to take legal action against your employer. A legal claim related to retaliation can be complex, but an experienced workplace retaliation attorney can help you navigate the process.
- Evaluate Your Case – A lawyer will review your evidence, assess whether your employer violated federal or state retaliation laws, and determine the best legal strategy.
- Negotiate a Settlement – Many retaliation cases settle before reaching court. An attorney can negotiate on your behalf for compensation, reinstatement, or other remedies.
- File a Lawsuit – If necessary, your attorney can file a lawsuit against your employer for damages, including lost wages, emotional distress, and punitive damages.
- Prepare for Litigation – If your case goes to trial, your lawyer will help you gather evidence, depose witnesses, and build a compelling case to prove retaliation.
Taking action against workplace retaliation or other illegal conduct of the employer can be intimidating, but you don’t have to face such a situation alone. A serious employment attorney in New York can represent you in your retaliation or discrimination claim, support you throughout the legal process, and maximize your chances of holding your employer accountable for damages.
👉Also Read: 6 Warning Signs Your Boss is Retaliating
How Our NYC Workplace Retaliation Lawyers Will Help if You Have Been Punished for Reporting Harassment
If you have faced retaliation for reporting harassment in your workplace, you need a legal team that understands how to protect your rights and hold your employer accountable. At Levine & Blit, our outstanding and tenacious NYC workplace retaliation lawyers are committed to fighting for justice and recovering the highest possible compensation you’re entitled to. Here’s how we’ll help:
Conduct a Comprehensive Case Evaluation
- We’ll review the details of your workplace harassment complaint and assess the retaliatory actions taken against you.
- Our team will determine if your employer’s actions violate federal, state, or local retaliation laws.
- We’ll provide clear guidance on the legal options available to you based on the strength of your case.
Gather and Preserve Evidence
- Our attorneys will help you collect critical evidence, including emails, performance reviews, and witness statements, to establish a clear link between your harassment complaint and your employer’s retaliatory actions.
- We’ll obtain internal company documents, HR reports, and other materials that could strengthen your claim.
- If necessary, we’ll work with forensic experts to recover deleted electronic communications or hidden records that support your case.
Handle All Communications with Your Employer
- Retaliation cases often involve interactions with HR departments, company lawyers, and corporate executives. We’ll handle all correspondence to ensure your employer does not manipulate your statements or pressure you into unfavorable agreements.
- If your employer offers a severance package or settlement, we’ll review the terms and negotiate for a fair resolution.
File Complaints with the EEOC and New York Authorities
- If internal company processes do not lead to corrective action, we will file formal complaints with the Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights (NYSDHR), or the New York City Commission on Human Rights (NYCCHR).
- Our employment discrimination lawyers will ensure your complaint meets all legal deadlines and requirements to avoid dismissal due to procedural errors.
- Our attorneys will represent you throughout the investigative process, responding to requests for evidence and attending hearings on your behalf.
Negotiate a Favorable Settlement
- Employers often prefer to settle retaliation cases rather than face costly litigation. We’ll engage in aggressive negotiations to secure compensation for lost wages, emotional distress, reputational harm, and other damages.
- Our NY workplace retaliation claim attorneys will ensure that any settlement agreement protects your rights and prevents future retaliation.
- We may also fight for punitive damages where applicable to hold your employer accountable for egregious and unlawful actions.
Litigate Your Case in Court if Necessary
- If settlement negotiations do not result in a fair resolution, we’re fully prepared to take your case to court.
- Our trial attorneys will develop a compelling case strategy, using strong evidence and expert testimony to prove that your employer engaged in unlawful retaliation.
- We’ll seek maximum compensation through court proceedings, ensuring that your employer is held legally responsible for their actions.
Provide Strong Support Throughout the Process
- Retaliation cases can be emotionally and professionally challenging. Our team is committed to providing compassionate, client-focused representation to guide you through every step.
- We’ll keep you informed about the progress of your case and ensure that you understand all legal decisions before moving forward.
- Our goal is to restore your career and reputation while holding your employer accountable for unlawful retaliation.
At Levine & Blit, we have a proven track record of helping employees fight back against workplace retaliation. If you have been punished for reporting harassment, contact our NYC workplace retaliation lawyers today to pursue the largest possible compensation you are entitled to. Call us at 646-461-6838 for a free phone evaluation or contact us online.