Retaliation Attorney in NYC

When you report wrongdoing by your employer, you hope that it resolves the issue, and that will be the end of it. Unfortunately, many people find themselves experiencing retaliation by their employers for reporting such wrongdoings instead.

If this is happening to you, the New York City lawyers of Brown Kwon & Lam are here for you. Schedule a consultation at (212) 295-5828 for advice and guidance tailored to your unique situation. 

Why Clients Work With Brown Kwon & Lam For A Retaliation Claim

Choosing the right advocate matters when you are dealing with workplace retaliation that can affect your career, income, and future opportunities. At Brown Kwon & Lam, you work directly with experienced partners handling your case, ensuring your concerns are heard and addressed without unnecessary layers of staff.

We take time to understand your situation, your goals, and how the retaliation has impacted your work and livelihood in New York City and the surrounding area. Our retaliation lawyers in New York City draw on litigation experience in state and federal courts and a strong background in employment law strategy, allowing us to evaluate claims from both employee and employer perspectives.

Throughout your case, we focus on clear and consistent communication so you always know where things stand and what comes next.

In retaliation matters, we help clients pursue solutions that may include:

• Negotiated severance agreements that protect your reputation and provide compensation
• Filing agency complaints when workplace retaliation violates employment laws
• Seeking reinstatement or job protection where appropriate
• Pursuing financial recovery for lost wages and related damages
• Addressing policy or workplace changes to prevent further harm

Because many cases resolve outside of court, we emphasize practical strategies that balance efficiency with results. Some matters are resolved through negotiation or mediation, while others require more formal legal action, depending on the facts and employer response.

From the first consultation through resolution, we stay actively involved and focused on helping you move forward with clarity and confidence.

What Is Retaliation In New York City?

Workplace retaliation occurs when your employer treats you unfairly because of your involvement in a lawful act. 

Under federal, state, and New York City laws, it is illegal for employers to retaliate against employees for:

• Reporting, filing, or participating in a discrimination or sexual harassment claim
• Reporting wrongdoing by an employer

Further, common forms of retaliation include:

• Denying employment, being fired, or facing a layoff
• Experiencing a loss of pay or benefits
• Experiencing changes to job assignments, training, or earned promotions

While these are obvious forms of retaliation, sometimes it is not so clear. Subtle forms of retaliation include:

• Losing your position shortly after reporting wage and hour violations
• After participating in an investigation, you notice that you are being assigned fewer hours, your employer changes and/or reduces your job responsibilities, and you never receive promotions after some time
• After filing harassment claims against a coworker, you begin to receive poor performance reviews
• You are treated unfairly after utilizing the Family and Medical Leave Act for time off to care for a sick loved one
• You participate in a discrimination investigation and suddenly receive unfavorable shifts without explanation or adequate notice

How New York Retaliation Laws Protect Employees

Retaliation protections in New York come from several different sources, and understanding how they work together can help you decide whether to move forward with a claim. Federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Fair Labor Standards Act all contain anti-retaliation provisions. New York State’s Human Rights Law and Labor Law add additional protections, and the New York City Human Rights Law is often even broader in the relief it makes available to workers within the five boroughs.

These laws generally make it unlawful for an employer to punish you for reporting discrimination or harassment, complaining about unpaid wages, requesting a reasonable accommodation, or participating in an investigation or lawsuit. In New York City, the local Human Rights Law applies to most employers with four or more employees, which means many workers have rights even in smaller workplaces. We help you sort through which law fits your situation and whether it makes more sense to file with an agency such as the New York City Commission on Human Rights or to bring a lawsuit in state or federal court.

Available remedies in a retaliation case can include back pay, front pay, reinstatement, emotional distress damages, and sometimes punitive damages, depending on the law and the facts. In some situations, you may also be able to recover attorney’s fees, which can make it easier to pursue a claim even if you are worried about legal costs. Because filing deadlines can be as short as 300 days for some federal claims and can differ under New York law, it is wise to speak with counsel promptly so that important rights are not lost.

Penalties for Employers

While you are likely devastated by the behavior of your employer, know that the New York Department of Labor takes action against them in addition to the legal charges you may press. 

If an employer has violated the retaliation law, the Department of Labor can issue the following:

• A penalty of $1,000 to $20,000
• Order payment of lost compensation to the employee
• Order payment of liquidated damages

In addition, the employee can bring a civil action in court. However, it is important to know that there is some room for employers to make changes without the Department of Labor’s involvement. This includes making the necessary changes to remedy the situation, providing you with the pay that is rightfully yours, changing schedules, and other corrective measures. But if your employer makes no effort to rectify the situation, you need legal counsel. 

What To Do If You Suspect Workplace Retaliation

When you start to notice changes at work after you have reported misconduct or asserted your rights, it can be hard to know how to respond. Acting carefully in the early stages can protect your position and strengthen any future claim. Many employees in New York City work in fast-paced environments where decisions are made quickly, so it is important to create a clear record of what has happened and to think strategically about how you communicate with supervisors and human resources.

One of the first steps is to document incidents in writing, including dates, times, who was involved, and what was said or done. Saving emails, text messages, schedules, and performance reviews can provide important context later if your employer disputes your account. It is often helpful to continue performing your job duties to the best of your ability while you explore your options because employers may try to use attendance or performance issues as a defense to a retaliation claim. Before submitting a written complaint internally, you may want to have someone review it with you to be sure it is clear, professional, and consistent with your legal rights.

If your workplace is in New York City, you may also have options to file a charge with a government agency while you are still employed, such as the Equal Employment Opportunity Commission or the New York State Division of Human Rights, depending on the type of retaliation you are facing. Timelines and procedures vary, so early advice can help you decide whether to use an internal complaint process, an external agency, or both. We regularly walk clients through the pros and cons of each route so they can choose the path that best aligns with their personal and professional goals.

Contact the New York City Retaliation Attorneys Today

Your involvement in protected activity should not prompt retaliation by your employer. But unfortunately, this does happen. In 2020 alone, there were 37,632 retaliation cases reported in the United States.

If you are unsure about your next step, speaking with our retaliation attorneys in New York City can help you avoid mistakes that might weaken your case, such as quitting too quickly or failing to preserve important documents. We encourage you to keep a written record of incidents, save copies of performance reviews or emails that show changes after you spoke up, and reach out before responding to any settlement offer or internal investigation meeting. Taking early, informed action often puts you in a stronger position, whether you remain in your job or decide that it is time to move on.

If you believe you were a victim of retaliation, call our office at (212) 295-5828 or complete our online form to schedule a consultation.