New York City Retaliation Attorney

Discuss Your Legal Rights with an NYC Workplace Retaliation Lawyer in Confidence

Local, state, and federal laws protect employees in New York City who expose wrongdoing by their employers. This includes employees who file workplace harassment and discrimination lawsuits, employees who report unlawful and unfair treatment through other means, and employees who expose other violations of the law.

When companies violate these protections, they can—and should—be held accountable. Seeking accountability for an employer’s actions involves filing a workplace retaliation claim, and hiring an experienced New York City retaliation attorney is the first step in the process.

Do You Have a Workplace Retaliation Claim in New York City?

If you experienced an adverse employment action after reporting discrimination or other illegal conduct, you may have a retaliation claim. We encourage you to contact us to discuss your case if:

• You are (or were) an executive, manager, or other high-level employee;
• You filed a written complaint (either internally or externally);
• Your complaint involved workplace discrimination, harassment, a violation of the False Claims Act, or another serious violation of federal law;
• Your employer terminated your employment or took other severe adverse action shortly after you came forward (within approximately three months); and,
• You are prepared to work with our attorneys to gather evidence and prove your legal rights.

What Constitutes Employer Retaliation in the Workplace?

In the employment context, retaliation involves taking an adverse employment action against an employee based on the employee’s decision to report violations of the law. This includes, but is not limited to, various forms of employment-related violations such as:

• Age discrimination (including discrimination against employees age 18 or older under New York law)
• Race, color, ethnicity, and national origin discrimination
• Sex and gender-based discrimination (including discrimination based on marital status)
• Sexual harassment (including hostile work environment and quid pro quo harassment)
• Failure to provide reasonable accommodations for employees’ disabilities or religious beliefs

Various laws also prohibit employers from retaliating against employees who come forward as whistleblowers. This includes, but is not limited to, employees who report violations of:

• Bank Secrecy Act (BSA)
• Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act)
• False Claims Act (FCA)
• Sarbanes-Oxley Act (SOX)
• State and federal labor laws

In terms of retaliatory adverse employment actions, these too can take many forms. Our New York City retaliation attorneys represent clients in cases involving wrongful terminations, promotion denials, pay cuts, demotions, suspensions, reassignments, negative performance reviews, and other serious adverse actions.

What Does it Take to Prove Retaliation?

There are three key requirements for proving retaliation under both federal and state law. Proving all three requirements (or “elements”) is necessary for establishing liability and pursuing a claim for damages. The elements of a valid workplace retaliation claim are:

1. Protected Activity

Proving a retaliation claim starts with proving that you engaged in a protected activity. This can involve reporting any of the violations listed above (among others). Importantly, the requirements for filing a valid discrimination complaint or whistleblower claim can vary, and employees must ensure that their method of coming forward qualifies them for the anti-retaliation protections that are available under applicable law.

2. Adverse Employment Action

The second element of a workplace retaliation claim is an adverse employment action. As discussed above, adverse actions can take many different forms. Our law firm handles cases involving serious adverse actions that warrant substantial claims for damages.

3. Causal Connection

The third and final element of a workplace retaliation claim is a causal connection between the protected activity and the adverse employment action. Engaging in protected activity does not insulate employees from facing adverse employment actions for any reason. If your adverse action was unrelated to your decision to come forward, you do not have a retaliation claim. However, if it was related, you could be entitled to substantial compensation.

When Can (and Should) You File a Retaliation Claim in New York City?

With all of this in mind, when can (and should) you file a retaliation claim in New York City? To make an informed decision about coming forward, you will need to discuss your situation with a lawyer who has experience representing high-level employees in these cases. Our retaliation lawyers have extensive experience in this area, and we can provide you with the insights you need to feel confident that you are making sound decisions going forward. When you choose Oberheiden P.C. to represent you, our lawyers will:

• Examine Your Case in a Confidential Initial Consultation – Our lawyers will discuss your case with you in strict confidence and provide a preliminary assessment of your legal rights based on the information you provide.
• Discuss Your Options for Moving Forward – If it appears that you may have a retaliation claim, our lawyers will walk you through your options for moving forward. If you are interested in moving forward, we will work with you to begin gathering the evidence we will need to pursue your case as well.
• Assess the Damages You Are Entitled to Recover – Our lawyers will also assess the damages you are entitled to recover. Once you know how much you may be able to recover if your case is successful, you will be able to make a decision about whether to commit to taking legal action.
• Take Appropriate Legal Action on Your Behalf – If you commit to taking legal action, our lawyers will take appropriate legal action on your behalf. While we may initially seek to work out an informal resolution with your employer (or former employer), we will be prepared to take formal legal action when warranted.
• Stay in Close Communication Throughout the Process – You can expect to stay in close communication with our lawyers throughout the process. Every step of the way, you will have the insights you need to make sound decisions.

FAQs: Taking Legal Action in Response to Workplace Retaliation

Schedule a Confidential Consultation with a New York City Workplace Retaliation Lawyer Today

If you are interested in speaking with an experienced workplace retaliation attorney about your legal rights, we strongly encourage you to get in touch. To schedule a confidential consultation with a New York City retaliation attorney at Oberheiden P.C. as soon as possible, call 888-680-1745 or tell us how we can contact you online today.

Further Information About Our Workplace Retaliation Lawyer Services

• Workplace Retaliation Attorneys
• What Makes a Strong Retaliation Case?
• Los Angeles Retaliation Attorney
• What is the Average Settlement for a Retaliation Lawsuit?