Top Long Island, NY Wrongful Termination & Retaliation Lawyers

Posted by Skyseoroundtable on July 13th, 2022

What Are Your Rights When It Comes to Workplace Retaliation?

The majority of individuals are aware that there are regulations in place to protect employees from discrimination and harassment. Many people are unaware, however, that these regulations also protect employees from retribution. Employers cannot retaliate against employees who file discrimination or harassment complaints or cooperate with workplace investigations. Other negative employment actions, such as being refused a promotion or transfer to a more desirable position, as well as missing out on training or mentoring chances, might be considered punishment.

What Is Retaliation in the Workplace?

When an employer punishes an employee for engaging in a legally protected action, this is known as retaliation. Any unfavorable job action, such as demotion, reprimand, dismissal, wage reduction, or job or shift transfer, might be considered retaliation. Retaliation, on the other hand, can be subtle.

When an employee is dismissed, for example, it is evident that the employer’s conduct is bad. However, this isn’t always the case. In such situations, according to the United States Department of Justice, You must analyze the conditions of the scenario, the Supreme Court. A change in employment shift, for example, may not bother many employees, but it could be disastrous for a parent with small children and a less flexible schedule.

It is criminal retaliation if the employer’s adverse behavior will dissuade a reasonable individual in the situation from filing a complaint.

When Is It Illegal to Retaliate?

When employees report workplace discrimination or harassment, either internally or to an outside authority such as the Equal Employment Opportunity Commission (EEOC), federal law protects them against reprisal. Even if the claim turns out to be false, as long as it was made in good faith, this is true.

Employees who participate in EEOC inquiries or act as witnesses in EEOC investigations or lawsuits are likewise protected under the statute. An employee’s participation as a witness in an internal investigation is also protected, according to a recent Supreme Court judgment. Other types of behaviors, like “whistleblowers” who report unsafe working conditions or individuals who take legally permitted FMLA leave, are also covered by various federal statutes.

Furthermore, certain state laws make it illegal for employers to retaliate against employees for other reasons, such as filing a workers’ compensation claim.

What Are the Signs That Your Boss Is Retaliating Against You?

 Only modifications that harm your job are considered retaliatory.

If something unfavorable occurs soon after you file a complaint, on the other hand, you have reason to be skeptical. If your employer dismissed you for not being a “team player” a week after you complained to management about him sexually harassing you, you might have a case. But keep in mind that not all retaliatory actions are evident or indicate that your job is in jeopardy. It could take the form of an unexpected and unjust terrible performance review, your supervisor micromanaging your every move, or your sudden exclusion from staff meetings on a project you’ve been working on.

Consultation with an Attorney

If you suspect you’ve been the victim of retaliation, you should speak with an employment lawyer, especially if you’ve been fired or have lost a considerable amount of money. A lawyer can assess the strength of your case, as well as the amount of compensation you’re likely to receive.

PROTECT YOURSELF FROM LEGAL ISSUES IN THE WORKPLACE

CALL 516-634-6340 TO SCHEDULE AN APPOINTMENT IN THE LONG ISLAND, NY AREA

GET IN TOUCH WITH US

Law Offices of Yale Pollack P.C.

📍 : 66 Split Rock Road Syosset, New York 11791

📞 : Telephone Number:  (516) 634-6340.

📧 : email us @ ypollack@yalepollacklaw.com

🌎: https://yalepollacklaw.com/

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Skyseoroundtable

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Skyseoroundtable
Joined: June 24th, 2022
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