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Retaliation in the Workplace | Ginarte Gallardo Gonzalez Winograd, L.L.P.

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Retaliation in the Workplace | Ginarte Gallardo Gonzalez Winograd, L.L.P. fbq('track', 'CompleteRegistration'); Ginarte Gallardo Gonzalez Winograd, L.L.P.Ginarte Personal Injury Attorneys EnglishEspañol English Español Português 1-888-GINARTE Over $1 Billion Won $1 Billón Ganados HomeWell-nighUs Client Testimonials Our Attorneys Our Practice Areas Construction Accidents Construction Tool Malfunction Electrical Injuries Excavations Falling Objects Falls From Ladders Falls From Roofs SeeIncreasinglyWorkers’BountyDefective Machinery Occupational Hazards Unsafe Work Practice Injuries Personal Injury Accidents at Sea Car Accidents Boating Accidents Commercial Property Accidents Defective Products SeeIncreasinglyMedical Malpractice Birth Defects and Injuries Defective Medications Defective Medical Devices Failure to Diagnose Injury or Illness Foreign Objects SeeIncreasinglySocial Security Disability Employment Litigation AgeFavoritismin the Workplace Wrongful Discharge Workers’BountyRetaliation Whistleblower Claims Violation of Leave of Absence Rights Sexual Harassment Retaliation in the Workplace Race and National OriginFavoritismHostile Work Environment Gender and Sexual OrientationFavoritismFailure to Pay Wages / Overtime Failure to Accommodate DisabilityFavoritismAppellate Litigation Legal Victories Press Videos Commercials FAQs Blog Ginarte E-Books Contact ⇒ MenuHomeWell-nighUs – Client Testimonials Our Attorneys Our Practice Areas – Construction Accidents – – Construction Tool Malfunction – – Electrical Injuries – – Excavations – – Falling Objects – – Falls From Ladders – – Falls From Roofs – – SeeIncreasingly– Workers’Bounty– – Defective Machinery – – Occupational Hazards – – Unsafe Work Practice Injuries – Personal Injury – – Accidents at Sea – – Car Accidents – – Boating Accidents – – Commercial Property Accidents – – Defective Products – – SeeIncreasingly– Medical Malpractice – – Birth Defects and Injuries – – Defective Medications – – Defective Medical Devices – – Failure to Diagnose Injury or Illness – – Foreign Objects – – SeeIncreasingly– Social Security Disability – Employment Litigation – – AgeFavoritismin the Workplace – – Wrongful Discharge – – Workers’BountyRetaliation – – Whistleblower Claims – – Violation of Leave of Absence Rights – – Sexual Harassment – – Retaliation in the Workplace – – Race and National OriginFavoritism– – Hostile Work Environment – – Gender and Sexual OrientationFavoritism– – Failure to Pay Wages / Overtime – – Failure to Accommodate – – DisabilityFavoritism– – Appellate Litigation Legal Victories Press – Videos – Commercials FAQs Blog – Ginarte E-Books Contact Call UsNow OfficeLocation ContactForm Here for You and Your Family Speak With A Knowledgeable Professional Name*Phone*Email* Comments*PhoneThis field is for validation purposes and should be left unchanged. This iframe contains the logic required to handle Ajax powered Gravity Forms. Learn How We Can Help You Your Legal Status Does Not Matter Retaliation in the WorkplaceRetaliation in the Workplace There are many laws that are intended to protect workers and to ensure that employers do not vituperate their employees. These laws include anti-discrimination laws, minimum wage and labor laws and laws encouraging employees to report fraud or illegal actions. When employees take wholesomeness of the protections in place, there could be a significant risk that the employer might retaliate versus the employees by terminating them, wearing their pay or taking flipside form of wrongheaded employment whoopee versus them. Retaliation laws seek to stop this from happening. For example federal and state anti-discrimination laws make it illegal for any employer to take retaliatory whoopee versus an employee who claims favoritism in the workplace. This ways if you make a complaint internally or to government agencies, cooperate in an internal or external investigation of discrimination, or plane sue your employer for discrimination, your employer may not take an wrongheaded employment whoopee versus you considering you filed a complaint , sued your employer, etc. If your employer retaliates versus you considering you exercised your right, your employer can be sued and subjected to liability under state and federal law. Proving retaliation and taking legal whoopee can be complex. That makes it very important for you to get legal assistance if you believe you have been the victim of retaliation by your employer. Contact us today at 888-GINARTE (446-2783), or fill out our online contact formto learn increasingly well-nigh how our New York and New Jersey employment law attorneys can help you. What Does Retaliation Mean? Retaliation is specified as any type of wrongheaded employment whoopee taken versus you as a result of your cooperation with or involvement in an anti-discrimination claim. The retaliatory deportment may be taken by your supervisor or by anyone at the visitor that you work for. In addition, if other employees harass you considering you’ve made an anti-discrimination requirement versus your employer, and the employer doesn’t do anything to stop it, this can be a form of retaliatory harassment. If your employer fires you, demotes you, cuts your pay, passes you over for promotion or otherwise allows your requirement to impact the terms and conditions of your employment in any way, this can moreover constitute retaliation. In some cases, it is easy to identify when retaliation occurs. For example, if you make a favoritism requirement versus your employer and you get fired the next day, this would be a pretty well-spoken specimen of retaliation. However, other wrongheaded employment deportment taken versus you by deportment your employer takes can moreover be considered retaliation, plane if they aren’t obviously an wrongheaded employment whoopee and even, in some cases, if your employer wasn’t expressly intending to punish you. For example, if you complained that your superabound was harassing you and you were moved to a new work environment farther from your home or switched to a variegated shift that was less user-friendly for you, either of these deportment could be considered a form of retaliation. The key question in determining whether your employer’s deportment constitute illegal retaliation is whether they have a negative or wrongheaded impact on your job. For instance, if you mutter that your superabound is harassing you, and your superabound suddenly becomes increasingly professional, increasingly afar and less friendly, this transpiration in your employment would not constitute retaliation or an wrongheaded transpiration since your employment situation did not suffer. If your superabound suddenly started writing negative performance reviews or reprimanding you, however, this would likely be considered retaliation considering it adversely affects the terms and conditions of your job.  When Are You Protected from Retaliation? There are many variegated situations in which you are protected from retaliation. For example, if you report that your employer is violating environmental safety standards, federal whistleblower laws should protect you from retaliation. A report of a violation of labor law standards can moreover result in protection from retaliation.Planewithin the favoritism context, there are a variety of variegated situations in which prohibitions versus retaliation come into play. For example, if you make a requirement versus your employer to the EEOC, the New York State Division of Human Rights or the New York City Commission on Civil Rights, you are protected from retaliation. If you make an internal requirement to human resources, you are protected from retaliation. If you are a witness in a favoritism specimen or if you cooperate in any way with an EEOC, state or internal investigation, you are moreover protected. It is important to be enlightened that the very favoritism claims need not be proven true in order for you to be protected from retaliation. For example, if you are a witness versus your employer or you make a requirement for favoritism versus your employer, and the EEOC or courts decide that there is insufficient vestige that favoritism occurred, your employer could still get into trouble and be required to pay you bounty if it is unswayable that your employer retaliated considering of the claims made. Damages in Retaliation Cases If your employer is found to have retaliated versus you, your employer could be liable for the damages it caused you and be required to recoup you for the losses you incurred. You may be compensated for very financial forfeiture that you suffered as a result of the retaliation, such as by receiving when pay you would have earned if the wrongheaded employment whoopee had not been taken. You may moreover be compensated for emotional distress caused as a result of the retaliation. An employer may be ordered to pay punitive damages for the retaliatory behavior. If your specimen goes to trial, a jury may require your employer to pay punitive damages, if your employer’s deportment were willful. Contact the NY/NJ Workplace Retaliation Attorneys at the Ginarte Law Firm Today Proving retaliation clams can be tricky, expressly since it is sometimes nonflexible to demonstrate what an employer’s motives were or whether a particular transpiration in your employment constituted an wrongheaded change. At Ginarte Gallardo Gonzalez  & Winograd, we have wide-stretching wits handling retaliation claims. Contact our New York and New Jersey employment law attorneys today at 888-GINARTE (446-2783) for a self-ruling consultation, or fill out our online contact form. We collect attorney’s fees only if you win your case. 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" This kind of dedication is very worshipped and not easy to come by." From the very whence my husband and I felt very well-appointed with the staff. There was one gentleman in particular who did an phenomenal job. I’m sure he juggled between multiple clients, but he sure made us finger as though we were top priority. This individual is none other than Mr. Julio (Kelvin) Rodriguez. His kind and respectful demeanor made our dialogue so easy and natural and I was very well-pleased for that. No matter how many times we tabbed the office, emailed or texted, (and there were many), he was unchangingly willing to squire and/or sieve any doubts. He stuck with us through the very end. We were never in the visionless during the process. There was never a “sorry, I can’t help you” and would go to unconfined lengths to find answers for us. The bonus was that it didn’t plane matter what time of day it was. Simply put, he was unchangingly there for us! This kind of dedication is very worshipped and not easy to come by. Rating: 5.0 ★★★★★ OUR OFFICES Newark 400 Market Street Newark, NJ 07105 (973) 854-8400 New York 233 Broadway, 24 Floor New York, NY 10279 (212) 601-9700 Union City 4428-30 Bergenline Ave. Union City, NJ 07087 (201) 809-1100 Elizabeth 948 Elizabeth Ave. Elizabeth, NJ 07201 (908) 372-1700 Clifton 1137 Main Ave. Clifton, NJ 07011 (973) 859-5500 Perth Amboy 352 New Brunswick Ave. Perth Amboy, NJ 08861 (732) 376-1911 Queens 82-16 Roosevelt Avenue Jackson Heights, NY 11372 (718) 925-6040 Copyright © 2016 Ginarte Gallardo Gonzalez & Winograd, LLP All rights reserved. Site Map | Disclaimer | Privacy Policy Ginarte® is a registered trademark in the U.S. Patent and Trademark Office