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Retaliatory Termination
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It can be challenging to confront the employer. When your employer retaliates against you, you may have a legal request for retaliation. The New York workplace retaliation attorneys at Phillips & Associates can advise you of your rights and defend your interests in court.
Only by relying on the employer to earn a living, provide for the family, and support the family can we make meaningful contributions to society through work. In return, you make a promise to your employer and many waking hours.
Some employers try to use the fact that you count on them as leverage, betting that you won't complain about violations and retaliating when you file a complaint.
Federal and state laws prevent employers from retaliation

Federal and state labor laws recognize that employers are in a position of power and can retaliate against employees who complain. The law also recognizes the importance of eliminating race, gender, age, pregnancy, and other discrimination in the workplace and eliminating hostile work environments and other inappropriate practices by employers. For these reasons, the law protects employees seeking to exercise their rights from retaliation by their employers.

Chapter 7 of the Civil Rights Act of 1964 establishes specific rights for employees, including the right to be free from discrimination and harassment based on race, color, sex, national origin, pregnancy, or religious beliefs. To seek protection under the Act, individuals must file a claim with the Equal Employment Opportunity Commission (EEOC) or in court. The law protects the right of individuals to file complaints by protecting employees from retaliation by employers.

Retaliation under the Civil Rights Act manifests itself in employees performing protected activities - against discrimination in the workplace - and subsequent adverse actions by the employer.



There is a causal relationship between protected activities and harmful actions.

Unfavorable behavior can include termination, demotion, denial of promotion, denial of salary increase, and other benefits. The legal standard is simple, but it may be challenging to prove that the employer has taken adverse actions against the protected activity and not for some other commercial reason. Documents showing that retaliation is the employer's motive are strong evidence, and indirect evidence that other people have not been treated in the same way can also help prove retaliation.



New York City has strict anti-retaliation laws

The New York City Human Rights Law provides more stringent anti-retaliation provisions. Recognizing that employers sometimes retaliate in subtle ways that may not lead to adverse actions, the Human Rights Law prohibits retaliation in any way. This is intended to be broader than the definition of retaliation in the Civil Rights Law and does not require final action or significant changes to the terms of employment.
An experienced New York retaliation lawyer can explain all applicable laws and options. Whistleblowers have almost no legal protection in the workplace, but employees receive strong protection when it comes to discrimination or harassment.

However, retaliation is often more complicated than firing an employee immediately after filing a discrimination complaint, and it can be challenging to prove a claim of retaliation. If you believe you have been or will be retaliated against by your employer, immediately call the Human Rights Advocacy Firm. Your consultation is free and confidential.
Human Rights Advocacy Firm lawyers are ready to defend your interests in any unfair situations where an individual's rights and legitimate interests are violated.
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