Getting fired is never a pleasant experience. But it's especially troubling if you lost your job under questionable circumstances–like speaking up about harassment in the workplace. If you reported harassment to your New York employer and were suddenly terminated, you might be able to file a claim.

Getting fired is never a pleasant experience. But it's especially troubling if you lost your job under questionable circumstances–like speaking up about harassment in the workplace. If you reported harassment to your New York employer and were suddenly terminated, you might be able to file a claim.

WHAT PROTECTIONS EXIST FOR EMPLOYEES REPORTING WORKPLACE HARASSMENT IN NEW YORK?

Both federal and New York state laws prohibit retaliation against employees who complain about harassment or discrimination. Specifically, Title VII of the Civil Rights Act protects workers who report sexual harassment or other discriminatory misconduct.

So if you express concerns about inappropriate or hostile behavior towards you to your employer, it's generally illegal for them to retaliate with firing, demotion, unjust discipline, or other adverse employment actions. Even though this is not legal behavior on your employer's part, companies still break these retaliation rules frequently. An experienced New York employment lawyer can stand up for your rights.

EVIDENCE NEEDED TO SHOW YOUR TERMINATION WAS WARRANTED

If an employer retaliates after you complain of workplace harassment, it may seem clearly linked, but you'll need solid evidence to prove the two events are connected. Since your employer will most likely deny your claims, it's important to have experienced legal help on your side. The experienced New York employment attorneys at Mizrahi Kroub LLP can help you gather and preserve key documents like:

  • Written complaint about the harassment
  • Positive past performance reviews
  • Notice of termination letter
  • Other proof of retaliation

An experienced attorney will understand what evidence will convince the state Division of Human Rights or federal EEOC to take your retaliation case seriously.

HOW A KNOWLEDGEABLE EMPLOYMENT LAWYER CAN DEFEND YOUR RIGHTS

The best way to challenge retaliation is through an impartial investigation by the Division of Human Rights or EEOC. An attorney can file the appropriate complaint and keep pressing for a fair inquiry. If the agency substantiates retaliation occurred, possible next steps include:

  • Settlement agreement providing reinstatement and/or damages
  • Right-to-sue letter enabling a lawsuit for recovery
  • Mediation between you and employer

Mizrahi Kroub LLP can aggressively seek the justice you deserve after harassment or wrongful termination. Protecting employees like you from wrongful retaliation is what we do every day.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.