Laws such as Title VII of the Civil Rights Act (Title VII), the Fair Labor Standards Act (FLSA), and the Americans With Disabilities Act (ADA) all offer protections for employees to ensure they are treated fairly by their employers. However, part of these protections includes the right to avoid retaliation for reporting employment law violations. But what is retaliation, what does it look like, and what should you do if it happens to you?
What is Retaliation?
In employment law, retaliation is when an employer chooses to punish an employee for reporting legal violations such as discrimination or wage theft. It is illegal for employers to do so, as retaliation can discourage employees from reporting misconduct by their employer. However, that does not mean it does not happen, only that there are legal remedies for people who are retaliated against.
Why Might You Suffer Retaliation?
Typically, when someone faces retaliation from their employer, it is because they personally reported the misconduct, whether due to an HR report or a filing with a government agency. Notably, this does not always mean that the victims themselves are retaliated against. Instead, it could be a well-meaning coworker who filed a report after witnessing illegal behavior, who winds up bearing the brunt of the punishment.
What Does Retaliation Look Like?
Retaliation can take many potential forms, and is rarely as clear-cut as being directly punished for reporting a violation. These include, but are not limited to:
- Being subjected to offensive or inappropriate language
- Facing pay/benefit cuts
- Being denied paid time off
- Losing out on raises or promotions
- Being excluded from meetings or conferences
- Facing disproportionate punishment for minor infractions
- Being fired without apparent cause
What Should You Do?
Retaliation is a serious problem, and if you have faced it, you may have legal options available. That is why you should speak to a lawyer with experience handling employment law matters, such as Andrew Sack. He can help you review your circumstances and ensure you get the best possible outcome for your case.
If you have an employment law issue, give the Law Office of Andrew Ross Sack a call. Andrew Ross Sack is a New York and New Jersey employment lawyer who has considerable experience in handling the many aspects of employment law. To schedule a consultation with New York City/Long Island/Westchester employment lawyer Andrew Ross Sack, call (516) 526-3319 or visit his contact page.
