What if an employee is retaliated against regarding a reported issue outside of protected classes?
An employee reports a director for doing something wrong. The director then gets angry and starts nit-picking the employee for minor things that are not necessary. Are they still covered under some type of retaliation law even if it doesn't have to do with any of the 9 protected classes? Surely there has to be something that prohibits an employer for targeting an employee because of a complaint even if it's outside of the 9 protected classes.
1 answer | asked May 23, 2011 7:00 PM [EST] in Retaliation | applies to New YorkAnswers (1)
The answer depends on what you complained about. Employees not in a protected class who complain about a violation of a public health law, or about any behavior that arguably affects public health, or that you have a statutory right to complain about (such as a teacher who is prohibited from calling CPS as a mandatory reporter of child abuse, for instance) is protected in NYS under the Whistleblower laws. However, employees are not entitled to a pleasant working environment, and employees have no "right" to complain about behavior that is not harassing based on a protected activity or class. If the employer is simply bullying you because they don't like you anymore, unfortunately that is not actionable (yet!) in NYS. So, ask yourself if the complaint you made could be arguably about something dangerous to the public or other employees. If not, then the employer is free to nit-pick. Good luck.
Jeanne M. Valentine
The Valentine Law Office PLLC
www.HudsonValleyEmploymentLaw.com
posted by Jeanne M. Valentine | May 23, 2011 8:54 PM [EST]
Jeanne M. Valentine
The Valentine Law Office PLLC
www.HudsonValleyEmploymentLaw.com
posted by Jeanne M. Valentine | May 23, 2011 8:54 PM [EST]
