Many workers don’t lose their jobs because of poor performance or misconduct — they lose them because they asserted their legal rights. Whether it’s reporting unsafe conditions, filing a workers’ compensation claim, requesting accommodations, or complaining about unpaid wages, speaking up can sometimes trigger retaliation instead of resolution.

At WRKRS Law Firm PLLC, we represent employees across New York who were punished for doing the right thing. Retaliation is not just unfair — it is illegal, and New York law provides strong protections for workers who stand up for themselves.

What Is Workplace Retaliation?

Workplace retaliation occurs when an employer takes adverse action against an employee because the employee engaged in protected activity. Protected activity means actions the law specifically allows or encourages workers to take.

Common protected activities include:

• Filing a workers’ compensation claim
• Reporting discrimination or harassment
• Requesting medical or disability accommodations
• Complaining about unpaid wages or overtime
• Participating in an internal or external investigation

If negative consequences follow any of these actions, retaliation may be occurring.

What Counts as an Adverse Employment Action?

Retaliation doesn’t always involve termination. Many employers try to mask punishment through subtle changes that still harm the employee.

Examples of adverse actions include:

• Termination or forced resignation
• Demotion or loss of responsibilities
• Reduction in hours or pay
• Sudden disciplinary write-ups
• Hostile treatment or isolation

Even small changes can qualify if they would discourage a reasonable worker from speaking up.

Timing Is One of the Strongest Clues

One of the most important factors in retaliation cases is timing. When negative treatment begins shortly after protected activity, it raises serious legal concerns.

For example:

• An employee files a complaint and is written up days later
• A worker requests accommodations and suddenly loses shifts
• A wage complaint is followed by termination

While employers often claim performance issues, close timing combined with documentation often tells a different story.

Common Employer Excuses — and How They’re Challenged

Employers rarely admit to retaliation. Instead, they often claim:

• Poor performance
• Company restructuring
• Attendance issues
• Policy violations

At WRKRS, we analyze whether these reasons are consistent, documented, and applied equally. In many cases, the explanation falls apart under scrutiny.

How to Protect Yourself If You Suspect Retaliation

Workers who sense retaliation should take steps to protect themselves early.

Important actions include:

• Saving emails, texts, and messages
• Documenting incidents, dates, and witnesses
• Keeping copies of schedules, evaluations, and pay records
• Avoiding emotional confrontations without witnesses

Early legal guidance can prevent employers from escalating retaliation further.

Retaliation After Workers’ Compensation Claims

New York law strictly prohibits retaliation against employees who file workers’ compensation claims.

Illegal conduct may include:

• Terminating an injured worker
• Cutting hours after a claim is filed
• Pressuring a worker to resign
• Threatening job loss due to injury

If an employer punishes a worker for filing a claim, additional legal remedies may be available beyond workers’ compensation benefits.

Retaliation Connected to Discrimination and Accommodations

Employees who report discrimination or request accommodations are particularly vulnerable to retaliation.

Examples include:

• Being labeled “difficult” after requesting accommodations
• Increased scrutiny following a discrimination complaint
• Hostile treatment after reporting harassment

Retaliation claims are often stronger when paired with underlying discrimination issues.

How Retaliation Is Proven Under New York Law

To prove retaliation, a worker generally must show:

1. Engagement in protected activity
2. Employer awareness of that activity
3. An adverse employment action
4. A causal connection between the two

Evidence may include timing, inconsistent explanations, witness statements, and written communications.

How WRKRS Law Firm Builds Retaliation Cases

WRKRS takes a strategic, detail-focused approach to retaliation claims.

Our team:

• Identifies protected activity and employer knowledge
• Analyzes employment records and timelines
• Preserves critical evidence
• Challenges employer defenses
• Represents workers before agencies and courts

We combine legal expertise with modern case management to move cases efficiently while keeping clients informed.

You Have the Right to Speak Up Without Fear

A workplace that punishes employees for asserting their rights is not just toxic — it’s unlawful.

At WRKRS Law Firm PLLC, we believe workers should never have to choose between silence and survival. If your employer is retaliating against you, you don’t have to face it alone.

Contact WRKRS today for a confidential consultation. We’ll help you understand your rights, protect your livelihood, and hold employers accountable.

Because at WRKRS, standing up for workers isn’t optional — it’s who we are.