Almost every New Yorker has worked for an employer that they didn’t like at some point in their career, but in some cases, not only is there a personality difference, but the employee is put into an uncomfortable or dangerous situation because their employer is choosing the break the law. When this happens, many employees struggle with the decision to report their boss’s actions to authorities because they fear retaliation and rightfully so. However, under the law, employees are protected if they decide to “blow the whistle”.
Whistleblower Protection In New York
In the state of New York, an employer cannot legally retaliate against or terminate an employee if they object to, refuse to practice in, or report any activity that violates a law, rule, or regulation. However, in fairness, unless the activity puts someone in immediate danger, there are steps that need to be taken by the employee.
Before reporting their employer’s actions, an employee must speak with a supervisor or their employer about their concerns and give them a reasonable amount of time to change their actions.
What is considered reasonable may change from job to job and depend upon the violation that is being committed.
What Qualifies As Retaliation?
Retaliation occurs when an employer does something to discourage an employee from reporting them or to punish them if they’ve already submitted a report. Examples of retaliation include:
- Refusing To Promote
- Reducing A Worker’s Hours
- Giving Negative Reviews Without Cause
- Creating A Hostile Work Environment
- Firing The Employee
It can be difficult to prove the reason for the retaliation because most employers attempt to make up reasons as to why they are mistreating their employee. That’s why it’s important for employees to maintain excellent work records. This might include emails, performance reviews, a personal log detailing dates, times, and notes about meetings, and coworker contact information.
What Can I Do If My Employer Is Retaliating?
If you or a loved one were brave enough to stand up to an employer and believe that you may have been wrongfully dismissed, it may be possible to file a lawsuit.
Wrongful termination lawsuits exist to ensure that plaintiffs have the opportunity to obtain compensation for the things that they have lost as a result of their termination. This may include:
The amount of money lost due to the loss of the job’s benefits can be calculated and awarded to the plaintiff.
Of course, once an employee is fired, they are no longer earning an income. The average American family isn’t financially stable enough to remain comfortable after the loss of a contributing income, which is the main reason why many choose to file a lawsuit in the first place, to regain their lost income.
Sometimes the plaintiff is able to regain a non-monetary loss such as the emotional distress caused by the wrongful dismissal.
There are strict time limits which means that plaintiffs only have a certain amount of time during which they can file.
How Can A Lawyer Help Me?
Employment law is complex and without the assistance of an experienced lawyer, it is extremely difficult to obtain the compensation that is needed.
At The Disability Guys, our goal is to make sure that our client’s feel supported from the moment they contact us until their case reaches its resolution. We strive to answer all of our client’s questions in a timely manner, make sure updates to the case are always communicated clearly and quickly, and we are more than happy to assist with the necessary paperwork.
In addition to this, our legal team will help to collect evidence, interview witnesses, and then aggressively fight for our client’s rights in court.
To learn more about how we provide legal support, contact us today.