Workplace Retaliation

Protecting Employees Who Speak Up

Standing up for your rights in the workplace shouldn’t lead to punishment. At Dolce Law PLLC, we vigorously represent employees throughout New York who have faced retaliation for reporting misconduct, participating in investigations, or exercising their legal rights. Our human rights-centered approach recognizes that protection from retaliation is fundamental to workplace justice.

What Is Workplace Retaliation?

Retaliation occurs when an employer takes adverse action against an employee because that employee engaged in a legally protected activity. These protected activities include:

• Reporting discrimination or harassment: Filing internal complaints or charges with government agencies
• Opposing unlawful practices: Speaking out against illegal workplace conduct
• Participating in investigations: Serving as a witness in workplace misconduct investigations
• Whistleblowing: Reporting legal violations to appropriate authorities
• Requesting accommodations: Asking for disability or religious accommodations
• Taking protected leave: Using FMLA or other legally protected time off
• Engaging in protected concerted activity: Discussing workplace conditions with coworkers
• Filing workers’ compensation claims: Seeking benefits for work-related injuries
• Refusing to engage in illegal activity: Declining to participate in unlawful conduct

Recognizing Retaliatory Actions

Retaliation can take many forms, some obvious and others more subtle:

• Termination or layoff: Being fired shortly after engaging in protected activity
• Demotion or reduction in responsibilities: Being moved to a less desirable position
• Schedule changes: Receiving unfavorable shifts or reduced hours
• Exclusion: Being left out of meetings, communications, or opportunities
• Increased scrutiny: Facing excessive monitoring or micromanagement
• Negative evaluations: Receiving unwarranted poor performance reviews
• Hostile treatment: Experiencing intensified workplace hostility
• Constructive discharge: Creating conditions so intolerable that a reasonable person would resign

Legal Protections Against Retaliation

Multiple laws protect employees from retaliation, including:

• Title VII of the Civil Rights Act: Prohibits retaliation for opposing discrimination or participating in discrimination proceedings
• Americans with Disabilities Act (ADA): Protects employees who request reasonable accommodations
• Age Discrimination in Employment Act (ADEA): Prohibits retaliation for opposing age discrimination
• Family and Medical Leave Act (FMLA): Protects employees who exercise FMLA rights
• Fair Labor Standards Act (FLSA): Prohibits retaliation for asserting wage and hour rights
• Occupational Safety and Health Act (OSHA): Protects employees who report safety violations
• New York State Human Rights Law: Provides broad anti-retaliation protections
• New York City Human Rights Law: Offers some of the strongest anti-retaliation protections in the country
• New York Labor Law: Protects employees who report various labor law violations

Why Choose Dolce Law PLLC For Your Retaliation Case?

Retaliation cases require strategic handling and careful documentation. At Dolce Law PLLC, we offer:

• Experience with complex cases: We understand the subtle ways retaliation can manifest and how to prove the connection between protected activity and adverse action.
• Strategic approach: We develop tailored strategies that address your specific situation and goals.
• Human rights perspective: We recognize your fundamental right to speak up without fear of reprisal.
• Limited caseload: We intentionally maintain a smaller client roster to provide personalized attention to each case.
• Proven results: We have secured meaningful compensation for retaliation victims throughout New York.
• Contingency fee structure: You pay legal fees only if we win your case.

Building a Strong Retaliation Case

Successful retaliation claims typically require establishing:

1. Protected activity: You engaged in legally protected conduct
2. Adverse action: You experienced negative employment action
3. Causal connection: The adverse action was motivated by your protected activity

We help strengthen your case by:

• Gathering and preserving critical evidence
• Identifying patterns of treatment before and after protected activity
• Documenting temporal proximity between protected activity and adverse action
• Identifying inconsistencies in employer justifications
• Finding comparative evidence showing different treatment of similarly situated employees
• Uncovering direct evidence of retaliatory intent when possible

The Legal Process for Retaliation Claims

Retaliation cases typically involve several stages:

1. Initial consultation: We evaluate your situation and discuss potential legal options.
2. Administrative filings: Many cases require filing with the EEOC or New York State Division of Human Rights before proceeding to court.
3. Investigation: We gather evidence, interview witnesses, and build your case.
4. Settlement negotiations: Many cases resolve through negotiated settlements.
5. Litigation: If necessary, we are prepared to take your case to court.

Preventing Further Harm

If you’re experiencing ongoing retaliation, we can advise you on:

• How to document continuing retaliatory actions
• Strategies for professional communication
• Ways to protect your reputation
• Whether and how to report escalating retaliation
• When resignation might constitute constructive discharge
• Steps to mitigate financial harm during the legal process