Queens Workplace Retaliation Lawyers

Retaliation May Be Concealed With Pretextual Reasoning

Although it still occurs in some cases, most employers do not openly admit to “retaliating” against employees. Instead, an employer may attempt to cover up their illegal reason for punishing a worker with a pretextual (dubious) reason.

Put another way, an employer may falsely claim to be taking adverse action against an employee for a legal, justified reason instead of in retaliation. This can make these claims more complicated. 

To protect your rights, all suspected retaliation must be comprehensively investigated by an experienced workplace retaliation lawyer in Queens. The sooner your lawyer investigates your case, the more likely you will be able to get access to the evidence you need to prove retaliation.

We Handle the Full Range of Retaliation Claims in Queens

Retaliation comes in many forms. One of the most important things to know is that companies and organizations cannot punish you for exercising any of your labor/employment rights under either state law or federal law. 

State and federal laws protect your right to make a complaint to your employer regarding issues like the ones we discuss below.

Discrimination

Employment discrimination and harassment are separate claims apart from retaliation, but employment discrimination can be a major part of the retaliatory behavior. 

If you were the victim of discrimination based on any of the following factors or others not listed, workplace retaliation attorneys at Ricotta & Marks, P.C. can help:

Learn more about your rights in the face of employment discrimination by visiting with one of our experienced attorneys today.

Sexual Harassment

Workplace retaliation can manifest in sexual harassment. Sexual harassment is any unwanted contact or advances on the basis of sex. This can include physical advances like groping or sexual gestures, as well as verbal harassment like offensive jokes or requesting sexual favors.

As a form of retaliation, sexual harassment can be weaponized against the employee. 

The New York Division of Human Rights protects employees from this behavior, specifically stating:

• The employer is held responsible when its agents or supervisors have reason to believe the sexual harassment was occurring yet have failed to report the incident and/or take immediate corrective action.
• Employers must adopt a comprehensive sexual harassment prevention policy and training that meets or exceeds state standards.
• Minor incidents are protected under state legislation, including “petty slights” or “trivial inconveniences.”
• Sexual harassment complaints must be filed within three years of the alleged unlawful behavior.

Wage & Hour Discrimination

The Fair Labor Standards Act (FLSA) is responsible for establishing wage and pay standards for most public and private employers. Sometimes, employers unlawfully adjust an employee’s wages in an act of retaliation.

 The FLSA protects against:

Whistleblowing

The Occupational Safety and Health Administration enforces protections for employees who report violations of workplace health or safety issues. This legislation, called the Whistleblower Protection Program, guards employees across industries from being unfairly retaliated against for reporting an injustice in their workplace.

I Have Experienced Workplace Retaliation. What Do I Do?

If you have experienced workplace retaliation, you have options. 

The first step is to report the incident(s) to the person responsible for fielding such complaints. 

Employees are also protected under federal and state legislation, and therefore can file claims through the following relevant organizations:

• At the state level, The New York State Division of Human Rights is the appropriate venue to file a complaint regarding workplace retaliation.
• Federally, The Occupational Safety and Health Administration maintains specific whistleblower laws to protect against retaliation.