Retaliation and Silence at Sea: Why Litigation May Be the Crew's Strongest Weapon

"If you’ve been wronged at sea—fired, harassed, silenced—you don’t need to know the law. You need a lawyer who does."

Retaliation, silence, and legal gray zones — it’s the hidden reality for many yacht crew. In this second installment of a legal deep dive, maritime attorney and former U.S. Navy Reserve Lieutenant Adria Notari brings clarity to the confusion, exposing what happens when seafarers are punished for speaking up.

Moderated by maritime advocate Marién Sarriera, the conversation cuts through legal jargon and delivers direct, practical guidance on everything from unenforceable NDAs to wrongful terminations and the illusion of crew “rights” aboard private vessels.

When Reporting Leads to Retaliation

A young female crew member follows all the right steps after a sexual assault: she reports it to port state, files a police report, contacts the flag state, management, and advocacy groups.

The outcome? Silence, a €3,000 hush offer, and the loss of her job — while her assailant remains on board.

“These aren’t one-offs. They’re structural failures.”

According to Notari, this is the norm—not the exception—and underscores the urgent need for real legal action, not just procedural compliance.

The Case for Litigation

“Litigation exposes what everyone else tries to bury.”

Legal action does more than resolve individual cases. It creates precedent. It forces companies to take compliance seriously. And it sends a message to the rest of the industry that crew will not be silenced.

Too many seafarers are told their cases aren’t “big enough” to pursue. But Notari is clear: your rights exist, whether you have a contract or not.

Private Vessels Are Not Exempt

One of the biggest myths in yachting? That private vessels operate outside the law. Flag states, the ITF, and even management companies will often claim there's nothing they can do.

“Shell corporations and tax loopholes don’t void human rights.”

If the vessel has a base of operations or signs crew on/off in a country like the U.S., legal action — including vessel arrest — can be pursued.

No Contract? You Still Have Rights

Crew are frequently employed with no written contract, or via WhatsApp messages and handshake agreements. That doesn’t erase your protections.

“Know who your employer is. If you don’t, that’s the first red flag.”

Even freelance and day workers fall under MLC guidelines. Whether you’re on board for a season or a single shift, basic employment protections still apply.

Wrongful Termination and NDAs

Getting fired after reporting unsafe conditions or misconduct is retaliation — and it’s unlawful.

“Just because it’s common doesn’t mean it’s legal.”

NDAs are often used to silence crew, but many are unenforceable — especially when used to cover up illegal acts. A lawyer can advise if yours holds any legal weight (spoiler: it often doesn’t).

The Legal Path Forward

Notari’s advice is firm: don’t waste time figuring out which jurisdiction applies or what law to cite. That’s your lawyer’s job. Your responsibility is to speak up and seek support.

“You don’t need to be a legal expert. You just need to know something’s wrong—and ask for help.”

About Adria Notari

Adria Notari is a licensed U.S. maritime attorney and former seafarer. She represents crew globally in cases involving unpaid wages, unsafe working conditions, and retaliatory termination. Learn more at notarilaw.com or find her on LinkedIn.