Cocktail Server Illegally Fired From NYC’s Ascent Lounge
On Thursday, April 26, 2018, the National Labor Relations Board ruled in favor of a New York City cocktail server who was fired after complaining at a staff meeting about the wage practices and working conditions at the upscale Ascent Lounge. The Board agreed with an Administrative Law Judge’s finding that the timing of the server’s termination – two days after the staff meeting in which she complained – was suspicious and provided evidence of the employer’s animus towards the server for voicing workplace complaints. The server will receive an offer of reinstatement at the lounge, to her former job or an equivalent position, and any lost wages as a result of her termination.
Employees who have reported misconduct at work, or are considering doing so, should be aware that federal, New York State, and New York City law all extend protections against retaliation to employees who complain to their employers regarding, among other things, wage violations, discrimination, and sexual harassment. Accordingly, employees who are demoted, fired, subjected to unwarranted discipline, or otherwise retaliated against for complaining about such workplace issues may have additional legal claims against their employers.
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About Patrick J. Collopy
Patrick J. Collopy is an Associate in Faruqi & Faruqi’s New York office and focuses his practice on employment law and wage and hour class action litigation.