Practice Areas
Workplace Retaliation
Speaking up about wrongdoing takes courage. When an employer responds with punishment instead of accountability, that is retaliation — and it is illegal. Sean O'Hara holds employers responsible.
Protected Activity. Protected Employees.
Retaliation is the most frequently filed charge with the Equal Employment Opportunity Commission — and for good reason. Employers who are caught discriminating, harassing, or breaking the law often respond not by fixing the problem, but by targeting the employee who raised it.
Federal and New York law prohibit employers from taking adverse action against employees who engage in protected activity. Protected activity includes filing a discrimination complaint, reporting harassment, cooperating with an investigation, requesting a reasonable accommodation, taking protected leave, or reporting wage theft or safety violations.
Retaliation can take many forms — termination, demotion, pay cuts, schedule changes, hostile treatment, unwarranted discipline, or exclusion from meetings and opportunities. It does not have to be immediate. Employers sometimes wait weeks or months before striking back, hoping the connection will be harder to prove.
Sean O'Hara has spent over 15 years identifying and proving retaliation claims. He knows how employers try to disguise retaliation as legitimate business decisions — and how to expose the real motive.
Common Forms of Retaliation
Termination After a Complaint
Being fired shortly after reporting discrimination, harassment, or other misconduct is one of the clearest forms of retaliation. Even a gap of several months can establish the connection when other evidence supports it.
Demotion or Pay Reduction
Stripping an employee of title, responsibilities, or compensation after protected activity — while offering pretextual justifications — is a classic retaliatory tactic Sean has seen and defeated repeatedly.
Hostile Work Environment
Employers sometimes respond to complaints by making the workplace unbearable: increased scrutiny, social isolation, unwarranted criticism, or a sudden flood of negative performance reviews designed to build a paper trail.
Whistleblower Retaliation
Employees who report wage theft, OSHA violations, financial fraud, or other illegal conduct to government agencies are protected by federal and state whistleblower statutes. Sean handles retaliation claims under the FLSA, OSHA, and New York Labor Law.
Retaliation for FMLA or Medical Leave
Taking protected leave under the Family and Medical Leave Act or New York Paid Family Leave cannot lawfully be held against an employee. Interference with leave rights and retaliation for taking leave are separate, actionable violations.
Retaliation Against Witnesses
Employees who participate in an investigation or proceeding — even as a witness rather than the complainant — are protected. Employers who target witnesses to discourage cooperation face significant liability.
How Sean Builds Your Case
Identifying the Protected Activity
The foundation of every retaliation claim is establishing what protected activity the employee engaged in and when. Sean works with clients to document the full timeline from the first complaint or report forward.
Establishing the Connection
Proving retaliation requires showing a causal link between the protected activity and the adverse action. Sean uses timing, comparator evidence, internal communications, and witness testimony to build that connection.
Defeating Pretextual Defenses
Employers almost always claim the adverse action was justified by performance or business reasons. Sean knows how to expose pretext — inconsistencies, shifting explanations, and differential treatment of similarly situated employees.
Agency Filings & Investigations
Many retaliation claims require or benefit from an EEOC or state agency charge. Sean handles the entire administrative process, including responding to employer submissions and attending agency mediations.
Negotiation & Litigation
Sean's reputation as a trial attorney gives him leverage in settlement negotiations. When employers refuse to offer a fair resolution, he is prepared to take the case to a jury.
Full Damages Recovery
Retaliation victims may recover back pay, front pay, compensatory damages for emotional distress, punitive damages, and attorneys' fees. Sean fights to make his clients whole.
Frequently Asked Questions
Punished for Speaking Up?
Retaliation claims have strict filing deadlines. If you believe your employer retaliated against you, contact Sean O'Hara today for a confidential consultation.
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