Workplace retaliation is not only unethical, it’s illegal. If you’ve faced punishment after standing up for your rights at work, you may be entitled to legal remedies under New York law. Whether you were fired, demoted, isolated, or harassed after reporting discrimination, wage theft, or taking protected leave, you don’t have to accept it.
At David Ilganayev Law, PLLC, we help New Yorkers hold their employers accountable for retaliatory conduct. Here’s what you need to know if you’re considering filing a retaliation lawsuit in New York.
What Is Workplace Retaliation?
Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. This includes reporting wrongdoing, participating in an investigation, or asserting your rights under employment law.
Protected activities include:
- Reporting workplace discrimination or harassment
- Filing a wage and hour or overtime complaint
- Requesting or taking medical leave (FMLA or NY Paid Family Leave)
- Blowing the whistle on unlawful or unsafe practices
- Opposing discriminatory conduct or practices
- Requesting reasonable accommodations for disability or religion
Example: If you file a complaint about racial discrimination and are later demoted or terminated, that could be illegal retaliation.
Examples of Retaliation in the Workplace
Retaliation isn’t always obvious. Common forms of retaliation include:
- Sudden negative performance reviews following a complaint
- Demotion, transfer to a less favorable position, or cut in pay
- Exclusion from meetings, projects, or professional opportunities
- Increased micromanagement or surveillance
- Termination shortly after engaging in a protected activity
- Verbal abuse or spreading false rumors
- Retaliation against your friends, family, or co-workers who supported you
Even subtle changes in your work environment can qualify if they are linked to your protected activity. A qualified LawbyDavid can help determine if the facts of your case meet the legal standard.
Importantly, under the New York City Human Rights Law (NYCHRL), one of the strongest employment laws in the country—you don’t need to prove that your complaint was ultimately correct. You only need to show that you acted in good faith and your employer retaliated because of it.
Who Is Protected?
Retaliation protections extend to:
- Employees and job applicants
- Independent contractors
- Interns and freelancers
- People who oppose or report discrimination, wage theft, unsafe conditions, or other unlawful practices
- Those who participate in investigations—even if they aren’t the target of the original complaint
You’re also protected if your employer retaliates against someone close to you as a way to punish you.
How to File a Retaliation Claim in New York
If you’ve experienced workplace retaliation, here’s how to protect yourself and take legal action:
1. Document Everything
- Keep detailed notes and timelines
- Save emails, messages, reviews, or memos
- Record any verbal conversations in writing afterward
- Avoid deleting relevant texts or Slack messages
2. Speak to a Workplace Retaliation Attorney
Consulting our law firm can help you understand your rights and avoid legal missteps. At David Ilganayev Law, we can help you:
- Evaluate whether you have a valid claim
- Identify key evidence and witnesses
- Decide where and how to file your claim
- Avoid harmful statements to HR or management
3. Decide Where to File
You may be able to file your complaint with one or more of the following:
- EEOC (Equal Employment Opportunity Commission)
- Deadline: 300 days
- Required for federal law claims
- New York State Division of Human Rights (NYSDHR)
- Deadline: 1 year (or 3 years in court under NYSHRL)
- New York City Commission on Human Rights (NYCCHR)
- Deadline: 1 year to agency / 3 years to sue in court
- New York courts
- Especially powerful under NYCHRL
- No need to file with an agency first
- New York Labor Law § 740
- For whistleblower retaliation (deadline: 2 years)
We’ll help you determine the best venue based on your situation.
Why Choose David Ilganayev Law?
At LawByDavid.com, we represent workers—not corporations. We’re aggressive, thorough, and results-driven. We’ve helped victims of retaliation in NYC recover:
- Lost income and benefits
- Damages for pain and suffering
- Significant settlements
- Justice through court when needed
When you contact us, we’ll evaluate your case confidentially and develop a custom strategy to fight back against retaliation.
Don’t Wait—Deadlines Apply
Whether you were fired, demoted, or mistreated for doing the right thing, you have rights. But strict deadlines apply. Waiting too long could bar your claim.
Call (718) 200-2866 or visit LawByDavid.com to schedule a free consultation with an experienced New York workplace retaliation lawyer.
Let us help you protect your rights and pursue the justice you deserve.
This post is for informational purposes only and does not constitute legal advice. For advice regarding your individual situation, consult an employment attorney licensed in New York.