Legal Question in Employment Law in New York

Can I be discriminated at work based on vindictiveness?

For the past two years everyone in my workplae has recieved a raise except for me. I am employed by a town hall where I am the Cheif of Police, I have held this title for over 6 years now. The Highway Superintendent and all of the Town Board members have all received raises and I did not. I believe this has to do with past run-ins with the board on issues that I opposed and they did not. They have been making my job difficult for as long as i have held my position. Is there any way I can prove that I am unrightfully discriminated? IS this just in our legal system?

Thank you


Asked on 1/09/01, 8:18 pm

1 Answer from Attorneys

Philip Schnabel Schnabel Law Office

Re: Can I be discriminated at work based on vindictiveness?

Your question really hit home! I am a retired police chief, having been a chief in 4 towns and cities after retiring from service with the NYSP and the NYPD.

First to your question regading the lack of raises granted to all other employees. Absent a written or oral contract guaranteeing you annual raises, there is no contractual obligation for the town granting you raises.

Second, you state that you opposed the powers that be on a number of issues. If those issues related to proper police procedures which you insisted upon and were opposed by the town ( consitutionaly proper traffic stops, proper arrest procedures, prohibiting the targetting of minorities, proper discipline of officers who violated procedures, but had a buddy on the town council, etc., you may have a case for unlawful retaliation.

Third is your personal attributes, i.e., member of a protected class (age, race, sex, disability, national origin).

If any of the above apply to you you may have a viable cause of action for back pay and damages. I did because of the city refusing to give me raises for prohibiting racially motivated stops by some officers and for disciplinary action against one of the local favorites on the department who screwed up badly and was suspended, but had the ear of some council members.

Hope this helps. Hang in there!

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Answered on 1/15/01, 5:33 pm


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