You reported the sexual comments your supervisor kept making. A week later, you were written up for the first time. What happened between those two events can matter just as much as the write-up itself.
Your employment attorney can go back through what happened after your complaint and look for records that show when your employer’s response began. You may have documentation that helps explain a change at work even if you didn’t realize its importance at the time.
Romero Law Group has a Long Island office in Hauppauge, and Peter A. Romero is a member of the Nassau and Suffolk County Bar Associations. Contact a Long Island employment law attorney at our firm to tell us what happened before you were written up and find out whether the write-up was connected to your complaint.
Look at What Happened Before the Incident
You normally worked five shifts a week, but soon after telling your supervisor you were pregnant, you were only scheduled for two. We would want to know when your hours changed and when your supervisor learned about the pregnancy. We can also look back at how your employer treated your work before you disclosed your pregnancy.
If you had been doing the same job without any documented problems, sudden criticism of your performance gives us a reason to dig into what changed. We can review the reason your employer gave you for cutting your hours alongside the records from that time. Those details can help us investigate why your schedule changed when it did.
Nassau and Suffolk Counties Have Their Own Employment Protections and Complaint Resources
Working in Nassau County isn’t always the same as working in Suffolk County when you’re trying to figure out which employment protections apply. Each county has its own Human Rights Commission and local rules.
Nassau County: Local Employment-Discrimination Complaint Process
The Nassau County Commission on Human Rights handles complaints involving employment discrimination. The Commission’s geographic jurisdiction is limited to respondents located within Nassau County. Before we consider whether a complaint can go through the Commission, we need to know where the employer accused of discrimination is located.
Suffolk County: Local Employment Protections
Under Suffolk County Code § 528-7, refusing a reasonable accommodation for an employee’s known pregnancy-related condition can be an unlawful discriminatory practice. If you needed a change at work because of your pregnancy and your employer refused, we can look at what you asked for and why the employer said no. The Suffolk County Human Rights Commission also handles employment discrimination and harassment covered by county law.
Peter A. Romero has been recognized by Super Lawyers for Employment Litigation since 2019. When we review your case, we’ll identify where you worked and where your employer is located to see whether a county law or complaint process applies.
What Did Your Employer Do After You Reported the Problem?
You noticed that several hours were missing from your paycheck and asked your manager why you weren’t paid for them. If one of your regular shifts disappeared from the schedule a few days later, we would want to know what changed after you asked about your pay.
The timing by itself doesn’t tell us why your manager took away the shift. We can find out what reason your employer gave and look at how the decision was made. If your hours changed only after you questioned your paycheck, the sequence gives us a specific employment decision to examine.
You May Notice What Changed at Work Before You Know What Claim It Could Support
You don’t have to know which employment law applies before you contact us. Some signs that you may want to talk with an employment attorney include:
- Your paycheck leaves out work you already did. Maybe you stayed past the end of your shift but weren’t paid for that time. We can review your pay records to see whether your employer owes you wages.
- Your pregnancy can impact what you’re allowed to do at work. You may ask to sit instead of stand because of a pregnancy-related condition and be told no. We can review why your employer refused the accommodation you requested.
- Sexual conduct becomes part of your workday. A coworker might keep sending unwanted sexual messages after you’ve told them to stop. Those messages and your employer’s response can help us determine whether you may have grounds for a sexual harassment claim.
- You complain and your job changes afterward. A responsibility you’ve always handled might suddenly be given to someone else. We can determine whether your complaint concerned conduct covered by employment law and whether the later change may be related.
- A coworker gets away with the same conduct that got you disciplined. If someone who does the same job isn’t written up for breaking the same rule, we can look into why your employer treated the two situations differently.
- Your employer suddenly gives a new reason for demoting or firing you. A poor performance review can be worth examining when your previous reviews don’t show the same concerns. We can compare the reason you’re given with your employment records.
When you recognize a problem with your pay or the way your employer is treating you, you don’t have to figure out the legal claim yourself. Tell us what your employer did, and we can identify which employment protections could apply.
Keep the Records That Show What Really Happened at Work
You probably won’t remember the exact date of every conversation or every shift once several months have passed. Records from the time can help us pin those dates down. If your paycheck is short, we can compare it with the schedule you were given to see which hours are missing.
Sometimes we need to know exactly what you told your employer. An email you sent to HR gives us your complaint in your own words and shows when you made it. If you were later written up, the notice tells us the reason your employer gave you at the time.
What helps us examine unpaid wages may tell us very little about why you were fired, so we’ll ask for the records that fit the problem you’re dealing with.
Romero Law Group has a Long Island office at 490 Wheeler Road, Suite 277, in Hauppauge. The firm represented workers from La Scala Restaurant in Commack in a class action alleging they weren’t properly paid for all of the hours they worked.
Long Island Employment Law FAQs
Does It Matter Whether I Work in Nassau or Suffolk County?
Yes. New York and federal employment laws can apply throughout Long Island, but Nassau and Suffolk Counties also have separate local employment protections. Where you work can determine whether one of those county laws applies to your employer.
Where Can a Long Island Employee Report Workplace Discrimination?
The U.S. Equal Employment Opportunity Commission and New York State Division of Human Rights accept qualifying employment-discrimination complaints. Nassau and Suffolk Counties also have Human Rights Commissions that handle certain local complaints within their jurisdictions.
What Records Should I Keep if I Think My Employer Is Preparing to Fire Me?
Keep records you’re entitled to have that document how your employer treated your work before firing became a concern. Earlier performance reviews can show your work history, while disciplinary notices can show when your employer first documented a problem.
What Can I Do if My Employer Retaliates After I Complain to HR?
We first need to know what you reported to HR because not every workplace complaint receives the same legal protection. We can then review what your employer changed after the complaint and why it says that change was made.
Can You Represent Me if I Work on Long Island but My Company’s Headquarters Are Somewhere Else?
Potentially. Having headquarters outside Long Island doesn’t prevent us from reviewing your case. Where you performed your job and where your employer made the decision affecting your employment can help determine which laws apply and whether we can represent you.
Tell Romero Law Group What Changed at Your Long Island Workplace
If you’re having trouble at work and think it may be related to something you recently said or did, tell us what led up to it. Romero Law Group can review how your employer responded and determine whether they might’ve violated the law. Contact us to speak with your Long Island employment attorney about what’s been going on and find out whether you may have a claim against your employer.