May 2, 2023

How To Prove Retaliation in the Workplace

New York employment law prohibits discrimination and other forms of injustice in the workplace. As an employee, you can file a complaint with your employer or a government agency like the Equal Employment Opportunity Commission (EEOC) if your rights are violated.

You may also have a right to pursue legal action through a civil lawsuit or an administrative proceeding. Your employer should not retaliate against you for making a retaliation claim.

What is Workplace Retaliation?

Workplace retaliation is any adverse action against an employee for reporting workplace discrimination. Workplace retaliation can include anything from termination to pay cuts and non-economic punishments such as threats and verbal abuse. Common actions that can lead to retaliation include but are not limited to the following:

  • Filing a lawsuit against the employer
  • Providing a negative performance review
  • Organizing or joining a union
  • Whistleblowing about workplace discrimination and harassment
  • Refusing to participate in illegal conduct at your employer’s request
  • Taking part in a public protest
  • Reporting safety violations
  • Speaking out against the company’s policies

Signs of Retaliation in the Workplace

Workplace retaliation can come in various forms. Signs of retaliation in the workplace include:

  • Unwarranted criticism
  • Unreasonable deadlines
  • Demotion or termination
  • Discriminatory treatment
  • Unfair performance reviews
  • Change in job duties
  • Unwanted attention
  • Pay cut

How to Prove Retaliation in the Workplace

Proving workplace retaliation is important because it can help you obtain fair compensation for your damages. However, this is often a complex process that requires the help of a New York employment lawyer to prove the elements of workplace retaliation. The components of retaliation are:

  • You participated in a protected activity or declined to obey an illegal order.
  • Your company or employer took adverse action against you, including suspension, termination, and demotion.
  • You suffered actual damages due to an adverse action, like reputational damage or lost wages.

If you are facing retaliation in New York, an attorney can help you file a retaliation claim against your employer. Keeping a record of events after participating in a protected activity can help your lawyer understand your situation and build a strong case. To prove your retaliation lawsuit, an attorney will:

  • Gather documentation, including performance reviews, emails, personal records, and other written materials relating to the incident.
  • Conduct an investigation.
  • Interview witnesses.
  • Handle communications with all parties, including your employer and their attorneys.
  • File an official complaint.
  • Review your employment contract to see if it contains any clause that can help prove your case.

Contact our New York Employment Lawyers Today to Get Started

At Mizrahi Kroub LLP, our New York employment lawyers represent employees in retaliation claims. Contact Mizrahi Kroub LLP today for an appointment or call (212) 595-6200 to learn more.

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