ARTICLE
25 April 2025

Steps To Take If You Suspect Workplace Retaliation

What happens when doing the right thing—like reporting harassment, requesting medical leave, or speaking up about illegal behavior—leads to punishment? Maybe your hours were suddenly cut. Maybe you were passed over for a promotion, written up unfairly, or even let go.
United States New York Employment and HR

What happens when doing the right thing—like reporting harassment, requesting medical leave, or speaking up about illegal behavior—leads to punishment? Maybe your hours were suddenly cut. Maybe you were passed over for a promotion, written up unfairly, or even let go.

Retaliation at workis more common than many people realize—and it's illegal.

At Mizrahi Kroub LLP, we fight for New York employees who are punished for exercising their legal rights. If you suspect your employer is retaliating against you, taking the right steps early on can protect your job, your reputation, and your future.

Know the Warning Signs: What Does Workplace Retaliation Look Like?

Retaliation can be subtle—or blatantly obvious. It often follows what's called a "protected activity," such as:

  • Reporting discrimination or harassment
  • Requesting accommodations for a disability
  • Taking protected family or medical leave (FMLA)
  • Filing a wage or overtime complaint
  • Participating in an internal or government investigation
  • Common forms of retaliation include:
  • Unwarranted disciplinary action
  • Demotion or denial of promotion
  • Pay cuts or schedule changes
  • Sudden negative performance reviews
  • Isolation or exclusion
  • Termination

If these changes happened shortly after you spoke up or filed a complaint, there may be a connection worth investigating.

Step One: Start Documenting Everything

The strongest retaliation claims are built on solid documentation. Begin collecting:

  • Emails, messages, and memos that show changes in treatment
  • Notes of conversations with supervisors or HR
  • Your original complaint or report (if applicable)
  • Past performance reviews to show your work record before retaliation began
  • A timeline of events—when you engaged in the protected activity, and what followed

Even informal notes can become important evidence.

Step Two: Report Internally (If Safe to Do So)

Before pursuing legal action, it's often necessary to notify your employer—especially if they haven't yet addressed the problem. Follow your company's reporting procedure by filing a complaint with HR or a trusted manager. Make your report in writing whenever possible and keep a copy for your records.

Reporting also puts your employer on notice, which strengthens your claim if the behavior continues or escalates.

Step Three: Talk to a New York Workplace Retaliation Lawyer

Workplace retaliation claims are time-sensitive and legally complex. A knowledgeable attorney can help you:

  • Evaluate whether your experience qualifies as retaliation under New York or federal law
  • Protect yourself from further harm
  • Negotiate with your employer or file a formal complaint
  • Seek compensation for lost wages, emotional distress, and other damages

At Mizrahi Kroub LLP, we've handled thousands of employment law cases across New York—and we know how to hold employers accountable when they cross the line.

Don't Stay Silent. We're Here to Help.

If you believe you're being retaliated against at work, don't wait until things get worse. Retaliation doesn't just affect your job—it can impact your career, your finances, and your health.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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