Retaliation and Whistleblower Claims
Protection for Employees Who Assert Their Rights or Report Unlawful Conduct
Retaliation is one of the most frequent workplace violations in New York. Employees often face negative treatment after reporting discrimination, harassment, wage violations, safety issues, or other unlawful conduct. The law offers broad protection: employers may not punish workers for asserting their rights, even when the underlying complaint is later disputed.
My approach is to examine the facts with precision, understand the sequence of events, and identify the clearest legal path forward. Because I maintain a limited caseload, I am able to devote close attention to the timing, documentation, and circumstances that determine the strength of a retaliation claim.
What Counts as Protected Activity?
Employees are protected when they engage in certain legally recognized actions, such as:
- Reporting discrimination or harassment
- Complaining about unpaid wages or overtime
- Requesting a reasonable accommodation
- Taking or attempting to take protected medical leave
- Filing internal complaints or cooperating in investigations
- Raising safety, compliance, or legal concerns
- Refusing to participate in unlawful conduct
What Counts as Retaliation?
Retaliation occurs when an employer takes adverse action because the employee engaged in protected activity. Examples include:
- Termination, demotion, or reduction in hours
- Loss of responsibilities or opportunities
- Unfavorable shift changes or undesirable assignments
- Disciplinary actions
- Isolation, hostility, or other changes in treatment
Retaliation After Reporting Harassment or Discrimination
Retaliation often follows closely after an employee reports misconduct. Changes in tone, treatment, performance evaluations, or schedules may appear subtle at first, but when placed in context, they often reveal a clear connection to the complaint. New York law recognizes this dynamic and provides strong remedies for employees who experience retaliation following protected activity.
Wage-Related Retaliation
Workers who ask about overtime, question time records, raise concerns about tip practices, or report minimum wage violations are frequently met with sudden changes in treatment. New York’s wage laws prohibit these actions and often permit employees to recover separate retaliation damages, in addition to the underlying wage claim.
Whistleblower Protections
New York’s whistleblower laws safeguard employees who report fraud, health or safety hazards, or illegal practices, whether externally or through internal channels. Protection extends to employees who refuse to participate in unlawful activity or who face negative treatment because they raised legitimate concerns about compliance.
How I Evaluate Retaliation Claims
Retaliation cases depend heavily on timing and context. I examine the nature of the protected activity, the employer’s response, the reasons offered for any adverse actions, and how your treatment compares to past performance evaluations or coworkers in similar positions. Messages, emails, schedules, and internal policies can be essential evidence, and I review these materials carefully to determine whether the facts support a claim.
You will receive a candid assessment of the strengths and weaknesses of the case, along with a clear outline of possible strategies. With my selective caseload, I remain personally involved throughout the process and stay accessible to answer questions or review developments.
Potential Remedies
Employees who experience retaliation may be entitled to lost wages, future earnings, compensatory and emotional-distress damages, and in appropriate circumstances, punitive damages. Attorneys’ fees and court costs may also be recoverable. The specific remedies depend on which laws apply and how the retaliation affected your employment.