What is unlawful Retaliation?
As mentioned throughout our website, it is illegal to retaliate against someone because of their race, religion, gender, disability, national origin, sexual orientation, age, or sexual harassment. These are called the "Protected Classes."
Equally as important, is the fact that it is illegal to discriminate against someone because they have complained about discrimination. The employee is protected even if there was no discrimination in the first place as long as the employee had a good faith belief that they were being unlawfully discriminated against.
After a person complains of discrimination or harassment, an employer may not take any steps to retaliate against that employee. Retaliation may take the form of firing, denial of a raise, demotion, removal of job duties or responsibilities, a poor performance review, etc. Simply put, any form of Retaliation is illegal.
Complaints of any type regarding discrimination or sexual harassment are protected. Whether the complaint is an informal verbal complaint to a supervisor, a written complaint to a supervisor or Human Resources, or a formal charge to the EEOC or state or city agency. It is all protected.
A word of caution: Sometimes an employer will fabricate a reason for termination or other act(s) of retaliation. This is called "Pretext." This is when the employer states the reason for a particular action is legitimate when in reality the reason is made up in order to retaliate against the employee for complaining. This is when you need a good lawyer to parse through the evidence to help prove that you were in fact retaliated against for complaining and discredit the bogus reason(s) proffered by the employer.
Call Derek Smith Law Group, PLLC. today at 1-866-4NYLAWS (1-877-469-5297) for more information. After you lose your job, the last thing you should have to worry about is how to pay for your lawyer. At Derek Smith Law Group, PLLC., we handle our cases on a contingency fee basis which means that there is no fee unless we recover. The more we recover for you, the more we recover for us, thus making the firm and the client mutual financial partners seeking the maximum recover for both. This arrangement provides the financial incentivize for us to obtain the maximum recovery for you in the fastest time, whether by pre-suit negotiations, mediation, litigation or trial. We have obtained millions of dollars on behalf of our clients and we take great pride in our accomplishments for them. If you have a case worth pursuing, we would be honored to represent you.