Receiving an unexpected negative performance review can be stressful, especially when you believe the review was not based on your actual work but was instead issued in retaliation. In New York City, employees are protected from workplace retaliation under both federal and state law. When a performance review is used as punishment because you engaged in a legally protected activity, you may have the right to challenge it and seek remedies.

At LAWYERFORWORKERS, we help New York City workers understand their rights and take action when employers use performance evaluations as a tool for retaliation.

What Counts as a Retaliatory Performance Review?

A performance review may be retaliatory if it is issued because you engaged in a protected activity, such as:

• Reporting harassment or discrimination
• Filing a workers’ compensation claim
• Requesting a reasonable accommodation
• Participating in a workplace investigation
• Taking protected medical or family leave
• Complaining about wage violations or unsafe working conditions

If your review suddenly becomes negative shortly after you engage in one of these activities—with no prior issues or warnings—it may point to retaliation.

Why Employers Use Retaliatory Reviews

Retaliatory reviews are often used to build a paper trail that can justify future disciplinary action, demotions, or termination. This behavior is unlawful and can violate:

• Title VII of the Civil Rights Act
• The New York State Human Rights Law
• The New York City Human Rights Law
• Whistleblower protections

You do not need to prove that your employer intended to punish you; you only need to show a connection between your protected activity and

the negative review.

Steps to Take if You Suspect Retaliation

1. Document Everything

Keep copies of the review, emails, prior evaluations, and any evidence showing your prior performance was positive. Document dates and details of your protected activity.

2. Request Clarification in Writing

Ask your supervisor to provide specific examples supporting the negative review. This shows you are responding professionally while building a record that may reveal inconsistencies.

3. Follow Internal Complaint Procedures

Report the retaliatory review to HR or use your company’s grievance process. If the employer does nothing, that lack of action can further support your claim.

4. Do Not Quit Without Legal Advice

Leaving your job may hurt your claim. Speak with an employment attorney before making any decisions.

5. Consult a New York City Employment Attorney

An attorney can help determine whether the review qualifies as retaliation and guide you through filing a complaint with the EEOC, the New York State Division of Human Rights, or in court.

Potential Remedies Available

If your case shows you were subjected to retaliation, you may be entitled to:

• Back pay
• Compensation for emotional distress
• Restoration of your employment status
• Removal of the retaliatory evaluation
• Punitive damages in certain cases

Retaliation is taken seriously under New York City law, and employees have strong protections.

Get Support from LAWYERFORWORKERS

If you believe you were given a retaliatory poor performance review, legal guidance can help protect your rights and your future career. At LAWYERFORWORKERS, we can provide legal assistance to the New York City public, helping workers challenge unfair employer actions and pursue justice under the law.