I Complained of Discrimination and got Fired. Do I Need an Attorney?
Federal and state laws prohibit discrimination on the basis of certain protected characteristics. These protected characteristics include age, race, color, nationality, religion, sex, pregnancy, and disability. Discrimination includes any adverse action taken in an aspect of employment, including hiring, firing, training, benefits, promotion, and assignments. Even if you are wrong about being discriminated against, your employer cannot retaliate against you. Retaliation occurs when an employer takes an adverse employment action, such as firing you, demoting you, switching you to a less favorable assignment, or docking your pay because you made a complaint of harassment. If you complain of discrimination and lose your job or experience another form of retaliation, the New York City wrongful termination attorneys at Phillips & Associates can help you file a charge or bring a lawsuit.The Importance of Legal Counsel in Pursuing a Retaliation Claim
If you are fired after complaining about discrimination, you should consult an employment law attorney. Complaints of discrimination can be factually sensitive and cause managers or supervisors to feel vengeful. It is not uncommon for an employer to retaliate against an employee who complains or files an EEOC charge. Discrimination and retaliation laws are complex, and it is important to have an experienced attorney to help you fight for your rights and compensation as appropriate.
Federal laws such as Title VII, the Equal Pay Act of 1963, the Age Discrimination in Employment Act, Title I of the Americans with Disabilities Act, and Sections 501 and 505 of the Rehabilitation Act of 1973 prohibit discrimination. Additionally, the New York City and New York State laws protect employees against discrimination. There are many ways to prove discrimination. You may be able to point to reorganization, personnel decisions, company policies, or verbal or written comments. In some cases, discrimination may be shown by evidence based on qualifications and getting passed over for a bonus or promotion.
You may be afraid that your employer will retaliate against you for complaining of discrimination. Employees who complain may be seen as troublemakers or worse. Unfortunately, workplaces where bullying, discrimination, and harassment fester are often also the same workplaces that are likely to retaliate against an employee. But even if you are wrong about the presence of discrimination, your employer is not permitted to retaliate against you under any of the federal anti-discrimination statutes.
Retaliation happens if your employer (or a labor organization or an employment agency) takes an adverse action against you because you engaged in a protected activity. Adverse actions are any measures that are taken in order to keep someone from opposing discrimination or participating in a proceeding related to employment discrimination. Retaliatory acts definitely include termination, but they can also include a denial of promotion, unjustified negative references, increased surveillance, or threats.Explore Your Options with a Wrongful Termination Attorney in New York City
The New York City wrongful termination lawyers at Phillips & Associates offer victims of abusive employers tenacious, knowledgeable representation. We prepare and work up cases to present the strongest available evidence against your harasser. Call us at (212) 248-7431 or complete our online form to set up a free appointment. Our firm represents victims of retaliation throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island and Westchester.
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