What is workplace retaliation?
Workplace retaliation is when an employer punishes an applicant or employee for “asserting their rights to be free from employment discrimination including harassment.” When a person asserts their rights, it is known as “protected activity” and an employer is not allowed to punish them for this activity. If you find that your employer has retaliated against you for asserting your rights, you need to speak with an experienced workplace retaliation lawyer as soon as possible to protect your rights.
Examples of protected activity include:
- Refusing to commit illegal acts when told to by the employer
- Refusing to discriminate against other employees
- Filing a complaint against your employer or being a witness to an investigation against the employer
- Requesting accommodations for disabilities
- Requesting worker’s compensation
- Whistleblowing against your employer when they commit an illegal act
Any of these incidents may cause your employer to want to treat you differently or even fire you. However, the law protects you from being punished due to protected activity. If you are punished, you should contact a workplace retaliation lawyer.
Examples of Retaliation
Here are some examples of the ways that an employer may retaliate against you as a result of your protected activity. If you’ve been a victim of any of these examples, contact an experienced workplace retaliation lawyer at The Cimino Law Firm to learn about your legal rights and options.
- Being fired.
- Losing privileges or responsibilities because of your “protected activity.”
- Being assigned to a new location or given different hours.
- Being given a pay reduction or given fewer hours as a result of your “protected activity.”
- Increased scrutiny.
- Physical or verbal abuse.
- Reporting to the police. An example of this would be if your employer reports to the police that you are an illegal immigrant after you have engaged in protected activity against them.
How to Know if it is Retaliation
Sometimes it is difficult to know if your employer is retaliating against you. An obvious sign would be if you were fired right away after engaging in protected activity. It is also most likely retaliation if your employer commits any of the previously mentioned examples of retaliation right after or soon after you did the protected activity. It is also probably retaliation if the employer does not give a good reason for their behavior against you. If you are unsure if you are experiencing workplace retaliation, an experienced workplace retaliation lawyer can help you navigate your rights and determine whether they have been violated.
What you should do?
If you are being retaliated against in the workplace, you should speak up to human resources or a supervisor about this retaliation and gather evidence of the mistreatment. The supervisor or human resources representative should inquire to the employer about why they took this action against you and see if they have a good reason to have done it.
If they do not have a good enough reason, or if you are still suspicious, the best thing to do is to contact a workplace retaliation lawyer immediately to get assistance and to start building a case against your employer.
Schedule A Confidential Consultation With An Experienced Workplace Retaliation Lawyer Today
If you or someone you know is experiencing workplace retaliation in the Webster or Rochester area of New York, you should contact a workplace retaliation lawyer. The Cimino Law Firm can help you with any of your legal needs. We have over 20 years of experience and are dedicated to helping you, first and foremost.
If you are in need of a workplace retaliation lawyer, call today for a confidential consultation at (585) 347-6200 or contact us online.
I was terminated from my position of VP of EHS from New Indy Containerboard (owned by Kraft) on July 22. I received all bonuses and merit increases while employed there. I was making 250k annually, 35% performance bonus and 50k LTIP.
I have a few thoughts as to why I was terminated-
1. I was the only female on the executive lead team and was always treated differently but I chose to ignore it at the time. My position has been retitled but has already been replaced by a white male. During my termination meeting the CEO stated “I’ve tried to make our relationship work but I can’t” and “you being remote doesn’t work” yet I wasn’t offered the option to relocate.
2. I brought up numerous enviro and safety concerns while there and was met with resistance. For example, we had numerous sites without permits that were required. I was planning a visit to one of our regions to address this when I was terminated. Instead of conducting investigations for safety incidents, the first response from leadership was to blame the injured employee and I fought against this.
I’m not looking to go all the way to a trial, but the severance they offered is unacceptable (70k). They will not want to go to trial either because they own the NE Patriots and have enough environmental issues at some of their other locations that winds them up in the newspaper. I tried to negotiate through a local attorney and they wouldn’t budge. I need someone with more bite if it’s possible to move forward.
I don’t have much documentation because my email and computer were disabled the moment I was terminated.
What are your thoughts? Should I pursue?