At Lipksy Lowe, LLP, we have extensive experience handling workplace retaliation claims in New York. If your employer has demoted you, cut your hours, denied you promotions, or even terminated you in response to complaining about harassment, discrimination, wage violations, or other unlawful practices, trust us to protect your rights and help you seek justice. Contact us today to consult with an experienced workplace retaliation attorney.
What Is Unlawful Workplace Retaliation?
Retaliation occurs when an employer takes an adverse employment action against an employee (or, in some cases, a contractor) because the person asserted or exercised their legal rights. Common retaliatory actions include:
- Termination, suspension, demotion, or reduction in pay or hours
- Negative performance evaluations, disciplinary actions, or reassignments
- Hostile behavior, harassment, exclusion, or ostracism
- Denial of benefits, bonuses, or training opportunities
- Threats, intimidation, or subtle retaliation designed to chill future complaints
Under New York Labor Law § 740, employees are protected from retaliation when they report violations of law, cooperate with investigations, object to illegal practices, or refuse to participate in misconduct.
Notably, New York significantly strengthened protections for freelancers and independent contractors through the enactment of the Freelance Isn’t Free Act (FIFA), which prohibits retaliation against freelance workers who assert their rights under FIFA (such as demanding payment, contesting non-payment, or invoking protections).
These changes reflect a broader shift: retaliation claims are no longer limited to traditional employees. If you were penalized for asserting any of your labor or civil rights, you may have a valid cause of action.
Legal Protections Against Workplace Retaliation
1. Federal & State Anti-Discrimination / Employment Laws
Retaliation is prohibited under statutes like Title VII, the ADA, the ADEA, and the New York State Human Rights Law (NYSHRL). If you complained about discrimination or harassment based on a protected class (e.g., age, gender, race, disability), you are protected from retaliatory reprisals.
2. New York State & NYC Protections
Beyond federal law, New York’s statutes offer added protections. The NYC Human Rights Law (NYCHRL) covers discriminatory retaliation and extends many protections to independent contractors and freelancers. Under the Freelance Isn’t Free Act, a hiring party may not penalize a freelance worker for asserting rights under that law (e.g., demanding payment, filing complaints, seeking remedies).
3. Whistleblower & Labor Statutes
Workers are also protected when exposing illegal conduct (e.g., safety violations, wage theft, environmental harm, securities fraud) under whistleblower laws at both the state and federal levels. Retaliation in these contexts may trigger additional legal mechanisms and remedies.
Why Retaliation Claims Can Be Challenging
- Burden of proof & retaliation causation–You must show that the adverse action was in part motivated by your protected conduct (complaint, reporting, refusal).
- Timing matters–Retaliation often occurs soon after the complaint, which can strengthen your claim.
- Hidden motivations–Employers may claim non-retaliatory reasons for taking an adverse action. We will examine evidence, internal documents, emails, timing, and patterns.
- Statutes of limitations – For many retaliation claims, the time to file is limited (typically 2–6 years, depending on the law).
Because retaliation often involves subtle demotions, exclusion, or micromanagement, it takes a skilled attorney to spot the patterns and protect your rights.
How Lipsky Lowe Can Help
When you work with us, our NYC workplace retaliation attorney will handle all the details, such as:
- Case assessment & fact investigation
We’ll analyze your internal communications, HR records, performance reports, and any adverse actions to identify potential instances of retaliation. - Strategic planning & demand
If appropriate, we will send a demand to the employer to remedy the harm, including reinstatement, back pay, removal of negative marks, or a settlement. - Negotiation or mediation
Many retaliation cases can be resolved without litigation, through robust negotiation or mediation, while preserving your rights if litigation becomes necessary. - Litigation & advocacy
If your employer refuses to act, we’ll file claims in court or before administrative agencies (e.g., EEOC, state human rights or labor bodies) and vigorously pursue full relief. - Freelancer / independent contractor representation
We are fully versed in FIFA regulations, and we will ensure that your contract, rights, and remedies are protected. Clients trust our firm because we combine deep subject-matter expertise with tenacious advocacy, tailored to each individual’s circumstances.
Retaliation claims rarely wait. As soon as you believe you’ve experienced a negative response to speaking up, document everything: dates, emails, witnesses, memos, and meeting notes. But don’t go it alone. Let our legal team guide you through the process and protect your rights.
Talk to a Workplace Retaliation Attorney Today
If you believe you’ve been retaliated against in your New York or NYC workplace, whether as an employee, contractor, or freelance worker, turn to Lipsky Lowe. We have a well-earned reputation as dedicated advocates with a proven track record in workplace retaliation claims. Contact us today to learn how we can help.