New York’s laws protect workers who stand up for their rights and the rights of others. The laws also offer protection for those who try to prevent illegal activity.
Basically, New York’s laws prohibit employers in New York City and other parts of the state from taking any adverse action against an employee who tries to stop illegal activity or who reports issues related to discrimination and illegal harassment in all forms.
New Jersey has its own set of anti-retaliation laws, and the federal government has rules which together protect workers across the country from retaliation.
The rules also protect those who serve as a witness or otherwise cooperate in investigations. This protection applies even if the employer gets vindicated during the investigation. In other words, while anti-retaliation laws are often called whistleblower laws, a person does not have to be the reporter of misconduct to have legal protection.
Retaliation is not always easy for a victim to prove
Most employers in the area know the law well enough to realize that they cannot outright say that they fired an employee because they reported illegal behavior.
However, retaliation laws also protect workers from other consequences, including relatively minor actions like being excluded from meetings, being watched more closely at work or even just talked badly about behind one’s back.
Employers may also try to make up an excuse to cover what is really retaliation. Workers should watch for vague or subjective reasons for why their employer has taken an action.
For example, comments from an employer like “poor performance” or “not a team player”, especially without further explanation, are possible warning signs of retaliation. Likewise, the employer invoking a workplace rule or policy that otherwise never gets enforced could be a sign of retaliation.
Workers who suspect retaliation should make sure they understand their legal options. It may be important to take quick action to preserve one’s rights.