Employment Retaliation

In employment, retaliation occurs when an employer takes adverse action against an employee due to their engagement in protected activities, such as reporting workplace harassment and misconduct. While this is expressly illegal under federal, New York, and New Jersey law, it is unfortunately common. It can have a severe detrimental impact on your well-being, career, prospects, and mental health. Retaliation is an extreme violation of employment law, and you deserve to have this behavior addressed.

The experienced team at Brustein Law understands that standing up against workplace injustices such as retaliation is an intimidating and challenging experience. However, you don’t have to stand alone. Our mission is to empower those brave enough to speak up and fight relentlessly for the fair treatment of employees across New York and New Jersey. You tell the truth, and we’ll handle the rest.

What Constitutes Retaliation in an Employment Setting?

Retaliation in the workplace is an unlawful negative response by supervisors or employers against employees engaging in protected activities. The laws prohibiting retaliation have been put into place to ensure that employees can speak about workplace violations without fear of adverse consequences.

Retaliation in the workplace is prohibited under many federal and state laws including Title VII of the Federal Civil Rights Act, the New York State Human Rights Law, the New York City Human Rights Law, the New York Labor Law and the New Jersey Law Against Discrimination.

Some examples of protected behavior that it is expressly illegal to retaliate against include:

  • Reporting workplace harassment, hostility, or discrimination

  • Acting as a whistleblower in reporting illegal or unethical activities occurring at the workplace

  • Participating in an internal investigation

  • Providing information in an official inquiry against the workplace or employer

  • Requesting reasonable accommodations for a disability

  • Exercising rights under labor laws such as organizing or joining a union

To establish a claim for retaliation, you generally need to demonstrate:

  • You engaged in a protected activity

  • The employer took adverse action against you

  • The adverse action you suffered occurred because you engaged in a protected activity.

Employees have the absolute right to a workplace free from retaliatory behavior. If you or a loved one believe you are facing retaliation in response to protected activities, it’s crucial to reach out to a skilled and seasoned New York and New Jersey employment retaliation lawyer to better understand your rights and explore your legal remedies.

Examples of Retaliation

Retaliatory behavior can manifest in countless ways, either overt or covertly. Examples of retaliation include:

  • Termination

  • Demotion

  • Harassment, including increased scrutiny, isolation, or hostile behavior

  • Disciplinary action without proper cause or justification

  • Inaccurate or exaggerated negative performance reviews

  • Change in work conditions such as schedule, location, or responsibilities to the employee’s detriment

Damages Recoverable for Retaliation

If you have been the victim of retaliation in the workplace, you may be entitled to various forms of compensation. Our experienced New York and New Jersey employment retaliation team at Brustein Law will fight aggressively for damages such as:

  • Back pay for lost wages and benefits as a result of the retaliation

  • Front pay for future lost wages and benefits if the retaliation has long-term career consequences

  • Compensatory damages for emotional distress, mental anguish, and other non-financial harms

  • Punitive damages which are awarded rarely for incredibly egregious conduct to punish the employer

  • Attorney’s fees and court costs associated with pursuing the retaliation claim

Contact Our Skilled Employment Retaliation Team Today

Retaliation should never deter you from seeking justice. If you or a loved one have been the victim of employment retaliation in New York, turn to Brustein Law. You don’t have to face employment retaliation alone. Our dedicated team is committed to empowering you, protecting your rights, and bringing credibility to your truth.

If you have experienced retaliatory behavior in the workplace, contact our team today for a free and confidential consultation. We are ready to start fighting for you and your right to fair treatment in the workplace.