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Workplace retaliation in New York City is an employer’s way of punishing an employee or job applicant for reporting illegal activities or standing up against illegal activities, such as discrimination, sexual harassment, or criminal actions, that are occurring in the workplace.
Retaliation is illegal based on New York City laws and federal laws. For the past 25 years, the attorneys at Derek Smith Law Group have helped victims of workplace retaliation get the justice they deserve.
Workplace retaliation in New York City is when an employer decides to “punish” you for reporting an unlawful practice. This is also called an adverse employment action. As adverse employment action can come in a number of forms, such as:
Workplace retaliation requires certain elements to prove. You must prove that your employer’s actions were directly related to your protected actions. This means you must prove that you are being punished as opposed to deserving of being fired, demoted, or any other retaliatory punishments that can be passed down to you. Three types of evidence can help prove this:
1.Direct Evidence. This is often called the “smoking gun.” Direct evidence is written or verbal evidence that expresses the reason for your negative treatment or punishment is directly related to your actions of reporting the company’s behavior.
This type of evidence is not common, however it does occur, which is why it is essential to keep every written communication between you and your employer or sent to you by your employer.
Workplace retaliation can come in many forms and can look very different from instance to instance. Here are some examples of workplace retaliation in New York City:
If you are the victim of workplace retaliation in New York City, you have a time limit to file your lawsuit. The time limit may vary from 300 days to 3 years, depending on the claims. IF it si a discrimination claim that led to retaliation, your claim must be filed with the Equal Employment Opportunity Commission (EEOC) within 300 days of the incident. However, if the claim is related to sexual harassment or whistleblower issues, you have a 3-year time limit to file your retaliation claim.
As a victim of workplace retaliation in New York City, the courts will attempt to award remedies that can help make you whole once again. Some of the relief awarded by the courts include:
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Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂
Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
Workplace retaliation lawsuits in New York City can take anywhere from 4 to 6 weeks to a year or longer to resolve. If your employer is willing to negotiate a fair and reasonable settlement, the case may be resolved within 4 to 6 weeks.
However, if the employer refuses to offer a fair and reasonable settlement or wishes to take the case to trial, the case may take a year or longer to resolve. The trial preparation may take 8 months to a year. Then the trial may take another few days to several weeks until a judgment is entered.
If you are the victim of workplace retaliation, there are a few things you can do immediately as you prepare to file a lawsuit.
New York City and Federal governments put laws in place designed to protect employees who want to work and want to do the right thing. No employee should have to experience discrimination or harassment twice because he or she followed the law.
If you are the victim of workplace retaliation in New York City, the experienced attorneys at Derek Smith Law Group can help. Contact us today at (212) 587-0760 for a free consultation. We do not collect any money until you win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.