Employment Law Attorney in Brooklyn, New York
If I complain or file a complaint, do I risk being fired?
If I complain or file a complaint, do I risk being fired?
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a lot of employees ask themselves the
question if they will be retaliated
against if they actually complain uh
regarding what happened to them at a
workplace um and the simple answer is no
there’s no way that employ that an
employer can retaliate against you for
actually pursuing what your rights are
as an employee if retaliation occurs it
actually gives you ground for an even
bigger compensation however these cases
are incredibly fact specific so before a
client actually decides that they were
discriminated against and that they’re
they have the right to sue it would be
really good to discuss that with an
attorney perhaps even before you bring
it to your own hr department because you
know if you bring it to your hr
department may be irreversible however
if you speak with an attorney
consultations are usually free and they
can tell you if the facts that you
uh were participating in actually give
rise to to litigation but there should
be no retaliation if those facts do give
rise to litigation there should be no
retaliation and actually proper
procedure should be followed when it
comes to handling an employee that’s
complaining of being discriminated
against
Brooklyn, NY labor & employment attorney Nicole Brenecki explains whether or not you can be fired for filing a complaint. She points out that many employees often worry about whether they will face retaliation if they file a complaint about workplace issues. The truth, she emphasizes, is that employers are not legally allowed to retaliate against someone for exercising their rights as an employee. In fact, if retaliation does occur, it forms the basis for an even stronger claim for compensation.
That said, she notes these cases are highly fact-specific. Before deciding to move forward with a discrimination claim, it is often best for an employee to consult with an attorney—even before reporting the issue to their HR department—since bringing it to HR may create a record that cannot be undone. Because most consultations are free, an attorney can review the details and determine whether the situation rises to the level of potential litigation. She stresses that there should never be retaliation when a legitimate complaint is raised, and that employers are expected to follow proper procedures when handling discrimination claims.
