Are you a victim of workplace retaliation?
What is retaliation in the workplace? It occurs when an employer takes adverse action against an employee but has no legal right to do so.
An example would be a situation where an employee has filed a discrimination claim, taken part in a discrimination investigation or otherwise opposed discrimination. If in response, the employer harasses, demotes or fires the employee, it would be retaliation.
Subtle Instances of Retaliation
Sometimes retaliation is much more subtle than firing or demoting an employee. It can occur in the form of not giving an employee a deserved promotion. Other types of retaliation include:
- Pay cuts
- Denied pay raises
- Inconvenient schedule changes
- Loss of a preferred job
The Cause and Effect Relationship of Retaliation in the Workplace
Proving the retaliatory action resulted from an illegal cause is key in a retaliation case. For example, the employer may argue that the company demoted the employee based on job performance. However, investigation shows that the employee’s performance had remained the same or had improved. Witnesses may have overheard the employer complain about the employee for standing up against discrimination.
In addition, time can be a factor. An employer’s negative reaction often occurs in proximity to the employee’s discrimination report.
The Equal Employment Opportunity Commission (EEOC) also describes instances where retaliation occurred when the cause and effect were not close in time. It gave an example of retaliation occurring years later. Verbal or written statements and other evidence showed that the earlier equal employment opportunity actions the employee took motivated the adverse action.
An Experienced Attorney Can Help You Fight Retaliation
For many years, the Law Office of Peter A. Romero has dealt successfully with retaliation cases. We provide representation to clients throughout NYC, including in Queens, Brooklyn, The Bronx and Harlem/Upper Manhattan. Call us at (631) 257-5588 or contact us online to schedule an appointment.