Mitchell Pollack & Associates PLLC
Your Solution Starts With A Phone Call
866-400-7388

What should New York workers know about employer retaliation?


New Yorkers are passionate about many things, including their sports teams and their civil rights, especially when these rights are violated in the workplace. It is not uncommon for a New York worker to voice concern when an employer is doing something that tramples on employee labor rights, such as filing a complaint against the violations. However, even if the problem is sorted out, some employers do not appreciate being forced to comply and in return subject their workers to retaliation. Workers should know their options if or when this kind of situation arises.

What is retaliation? Retaliation refers to an unfavorable action visited on an employee after that employee complains about labor violations or an illegal activity done by the employer. Retaliation can manifest in several ways, such as cutting work hours, reassigning the employee to a less desirable location, demoting or firing the employee, withdrawing benefits and assigning unnecessarily difficult workloads. Unwarranted pay cuts or failure to give a customary pay raise are also forms of retaliation.

What can New York employees do if they believe they are a victim of employer retaliation? Employees subjected to retaliation may want to get more information in order to help determine if the situation can indeed be considered retaliation, and if confirmed and rights have been violated workers have the option to file a case against the employer to seek damages.

What are the possible damages a New York employee may receive if the worker wins the case? Awards are different for each case, but common outcomes include reinstatement if the employee was fired, restoration of benefits and privileges, payment for lost wages and other damages. A New York court may also require reimbursement of the employee's attorney's fees.

Source: Labor.ny.gov, "Employers Cannot Retaliate Against You For Reporting Labor Law Violations," Accessed on Nov. 25, 2014

No Comments

Leave a comment
Comment Information
Email Us For A Response

Ready To Resolve Your Legal Issues

You have a business to run. The team at Mitchell Pollack & Associates is ready to tackle your legal needs so you can focus on your responsibilities. Call 866-400-7388 or use our online contact form to schedule a meeting.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Tarrytown Office
150 White Plains Road
Suite 310
Tarrytown, NY 10591

Toll Free: 866-400-7388
Phone: 914-610-3418
Fax: 914-332-9191
Map & Directions

Mahwah Office
220 Franklin Turnpike
Mahwah, NJ 07430

Toll Free: 866-400-7388
Phone: 914-610-3418
Fax: 201-529-4400
Map & Directions