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Workplace Retaliation in New York — Know Your Rights and How to Protect Them

Oct 30, 2025

Standing up for your rights at work shouldn’t cost you your job, your peace of mind, or your livelihood. Yet for many workers across New York, speaking out about unfair treatment or illegal behavior leads to one thing: retaliation.

Retaliation can take many forms — from being fired or demoted to suddenly being assigned impossible workloads. But no matter how subtle or blatant it is, retaliation is illegal under both New York Labor Law and federal employment law.

At WRKRS Law Firm, we believe no one should suffer for doing the right thing. If your employer has punished you for reporting wrongdoing, demanding fair pay, or exercising your legal rights, we’re here to help you fight back and reclaim your power.

What Is Workplace Retaliation?

Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in a protected activity — meaning, for asserting a legal right or reporting a violation.

Protected activities include:

  • Reporting workplace safety hazards or injuries
  • Filing a workers’ compensation claim
  • Complaining about unpaid wages or overtime violations
  • Reporting discrimination, harassment, or sexual misconduct
  • Participating in an investigation or lawsuit
  • Requesting accommodations for a disability or pregnancy
  • Refusing to engage in illegal activities

When you exercise these rights, your employer cannot legally fire you, cut your pay, reduce your hours, deny promotions, or create a hostile environment in retaliation.

Unfortunately, retaliation is one of the most common forms of workplace misconduct in New York — and it often happens quietly, behind closed doors.

Common Signs of Retaliation

Retaliation doesn’t always look like a dramatic firing. It can unfold gradually through a pattern of unfair treatment.

Common warning signs include:

  • Sudden negative performance reviews after years of strong evaluations
  • Isolation or exclusion from meetings, projects, or workplace communication
  • Changes to job duties or schedule that make your work harder or impossible
  • Demotions, pay cuts, or denied raises without explanation
  • Harassment or bullying from supervisors or co-workers
  • Termination shortly after filing a complaint or request

If these changes occurred soon after you reported a problem or exercised a right, you may have a valid retaliation claim.

Retaliation After Reporting Workplace Injuries

One of the most common — and illegal — forms of retaliation we see at WRKRS involves workers who report on-the-job injuries.

Some employers try to discourage injury reports to keep their safety records “clean.” Others fire or discipline workers who file workers’ compensation claims. Both actions are strictly prohibited under New York Workers’ Compensation Law §120.

If you were fired, demoted, or threatened for reporting an injury or filing a claim, you could be entitled to:

  • Reinstatement to your position
  • Back pay for lost wages
  • Penalties against the employer
  • Compensation for emotional distress

Our attorneys take these cases seriously. No one should be punished for getting hurt or asking for the benefits they’re legally entitled to.

Why Workers Don’t Report Retaliation — and Why They Should

Many employees stay silent because they’re afraid. They fear losing their job, their income, or their professional reputation. But retaliation laws exist to protect you from those exact fears.

Under state and federal law, it’s illegal for an employer to take any action that would deter a “reasonable worker” from asserting their rights. This means that even threats, intimidation, or subtle punishment may count as retaliation.

When you report retaliation, you’re not only defending yourself — you’re also protecting your co-workers and holding your employer accountable for unlawful behavior.

At WRKRS Law Firm, we handle these cases discreetly and strategically, ensuring your story is heard and your rights are fully protected.

How to Prove Workplace Retaliation

To win a retaliation claim, you need to show three key elements:

  1. You engaged in a protected activity — such as reporting harassment or filing a claim.
  2. Your employer took adverse action against you.
  3. There’s a connection between your protected activity and the employer’s action.

Evidence may include:

  • Emails or texts showing changes in tone or treatment
  • Performance reviews or disciplinary reports
  • Witness statements from co-workers
  • The timing of your termination or demotion
  • Company policies and internal correspondence

At WRKRS, we work quickly to preserve this evidence before it’s deleted or altered — and use it to build a strong case on your behalf.

How WRKRS Law Firm Helps You Fight Back

Our employment law attorneys understand the emotional and financial stress retaliation causes. That’s why we take immediate action to protect your rights, your job, and your peace of mind.

When you contact WRKRS, we will:

  • Listen to your story and identify the retaliation pattern.
  • Gather and preserve evidence that supports your claim.
  • File complaints with the appropriate state or federal agencies.
  • Negotiate for reinstatement or compensation for lost wages, benefits, and emotional harm.
  • Represent you in court or hearings if necessary to secure justice.

We handle these cases with confidentiality and respect — and you pay no fees unless we win.

What You Can Recover

If your retaliation claim is successful, you may be entitled to:

  • Back pay for lost wages and benefits
  • Reinstatement to your previous position
  • Compensation for emotional distress
  • Punitive damages (in certain cases)
  • Attorney’s fees and legal costs

Every case is unique, but the goal remains the same — to make you whole again and ensure your employer faces real consequences for breaking the law.

Stand Up. Speak Out. Take Action.

You shouldn’t have to choose between doing what’s right and keeping your job. If your employer retaliated against you for asserting your rights, you have legal protection — and WRKRS Law Firm will stand by you every step of the way.

Our team proudly represents workers across New York in all industries — from healthcare and construction to hospitality and office settings. Whether you were demoted, harassed, or fired for speaking up, we’ll help you take back control.

Contact WRKRS Law Firm today for a free consultation. Together, we’ll make sure your voice is heard, your rights are defended, and your employer is held accountable.

Because at WRKRS, we don’t just fight cases — we fight for people.

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