Federal and state laws protect workers from discrimination and retaliation. The law makes it illegal for employers to subject workers to demotions, reprimands, termination and other forms of retaliation for asserting their rights at the workplace. There is still a need to protect workers who are willing to stand up for their rights on the job because retaliation is still a common reaction.
Even though employers are violating the law by retaliating, they might think that they can get away with it by keeping a team of lawyers on retainer, for example. Our employment lawyers can fight on your behalf to ensure that you are aggressively represented in court against unscrupulous lawyers hired by the employer to undermine your legal claims. If you are facing retaliation at work, it is important to contact an experienced lawyer at Leeds Brown Law as soon as possible.
Various Types of Retaliation
There are many ways that an employer can retaliate against an employee, and there are many reasons why this behavior is pervasive. Ultimately, it comes down to a power struggle because the law protects the worker against discrimination and retaliation in so many ways. Employers are often fully aware of Title VII of the Civil Rights Law of 1964 as well as local and state laws, which all protect workers against discrimination and retaliation based on protected categories.
These categories are extensive, but examples include race, sex, sexual orientation, religion, disability, pregnancy and other protected classifications. The laws clearly give the employee the right to complain to the appropriate department or agency about discrimination. Furthermore, these laws make it illegal for the employer to retaliate based on the fact that the employee made an official complaint.
Documenting the abuse is the essence of winning legal cases in the court, so it is critical to speak to a lawyer from Leeds Brown Law before you decide on a course of action. We can help you to navigate this situation to create the best leverage for your case.
Wage and Working Conditions, Retaliation
Violations of workers’ rights often include wage theft and abusive working conditions. The federal, state and local laws protect workers against these unscrupulous practices. For example, the Fair Labor Standards Act protects employees against wages that are below minimum wage. However, many labor laws don’t apply to people who are classified as independent contractors, who must file a 1099 instead of a W-2.
These workers are often misclassified, but proving the misclassification is a relatively new legal process. Employers began shifting the burden of essential work onto this unprotected class of workers, and the end result is that the misclassified workers’ basic rights are undermined. At the same time, the burdens of taxes and healthcare costs are also shifted onto these workers.
Independent contractors who are misclassified and make a complaint might not be treated the same as employees. This also opens them up to additional forms of retaliation for claiming basic workers’ rights and legal protections. Litigating these cases often breaks new legal ground, but this is necessary to set legal precedents for future cases of a similar nature.
Employment Lawyers in New York
Our employment law firm handles a variety of other retaliation cases as well. This can include retaliation against whistle-blowers and workers who assert their rights under the Family and Medical Leave Act. We also help workers when employers wrongfully and illegally retaliate against you simply for asserting your rights under the law.
Regardless of the nature of the retaliation, you have a right to legal representation, and getting in contact right away can help to propel your case forward. Our free consultation is available to help you learn how to navigate this situation successfully. This is a critical time for working class people to start taking a stand against abusive employers, and Leeds Brown Law is proud to help you win your first round of legal victories.