How to Prove Retaliation in a Wrongful Termination Case
New York employees must prove their termination is due to retaliation. If you participate in a protected activity and lose your job, an employer’s actions against you may be unlawful. In a wrongful termination case, take these steps to prove workplace retaliation in New York.
Identify the Protected Activity
State and federal laws grant employees the right to participate in certain activities. Document a perceived relationship between your participation in these protected activities and retaliation against you, including wrongful termination. Protected activities may include:
- Reporting or filing a complaint against activities of harassment or discrimination against a protected class
- Engagement in certain activities permissible under the law
- Reporting labor law violations
- Whistleblowing or reporting an employer’s illegal actions
Timing is crucial in your participation in an activity and when a wrongful termination occurs. Establishing a timeline to establish the relationship between your action and an employer’s unlawful actions is necessary.
Document Your Claim
The supportive evidence you collect can demonstrate a cause-and-effect relationship. Documentation that may prove retaliation in a wrongful termination case may include:
- Written correspondence: Collect emails, letters, or texts from an employer.
- Witness statements: Other employees may experience the same treatment or witness retaliatory actions against you. Ask for their written account of the incident.
- Employer actions and evaluations: Keep any evidence documenting a raise, promotion, or award at work. Also, keep employer evaluations or assessments that may support claims of retaliation or offer evidence that the retaliation and termination go against an employer’s favorable reviews of your work.
- Employee action requests: Retain a copy of workers’ compensation requests, time-off requests, or any paperwork that demonstrates a request potentially prompting the unlawful actions by an employer in the workplace.
Identifying patterns of adverse actions by an employer can be pivotal to your claim.
Speak With a New York Labor Lawyer
Once a pattern of behavior is identified, a labor lawyer in New York will use applicable laws to support your claim. While these laws are complex, it is the role of your legal advocate to determine your protections and then seek damages to compensate for the harm you experience as a result of an employer’s actions. A workplace retaliation lawyer will also work within the statute of limitations for filing a claim under each law. How long you have to file a retaliation claim depends on the law that applies.
A New York workplace retaliation lawyer will strive to effectively negotiate on your behalf. Insurance companies may misconstrue or even imply statements you make, using your words against you. The insurance company may also undervalue your losses, reducing your claim. Effectively proving a claim of retaliation in a wrongful termination in New York plays a crucial role in the amount of financial recovery you may receive.
Possible Retaliation Tactics Preceding a Wrongful Termination
You may experience other forms of retaliation before being terminated by an employer. These actions can also significantly impact your job and personal life. Speak with someone about these forms of workplace retaliation as soon as possible to prevent escalating retaliation or prove wrongful termination:
- Demotion or failure to promote
- Reduced hours
- Exclusion from work activities, training incentives, bonus potential, or work social events
- Microaggressive behavior and management
- Hostile work environment
Workplace retaliation in any form is unacceptable. Proving retaliation in a wrongful termination claim is possible. Our New York labor lawyers provide free consultations to determine if you have a claim and discuss the legal options available.