- New Jersey Sexual Harassment Lawyer
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RETALIATION
AN ARRAY OF STATE AND FEDERAL LAWS ESTABLISHES VARIOUS RIGHTS FOR EMPLOYEES IN NEW JERSEY
Unfortunately, contrary to the intent of such laws, employers sometimes retaliate against employees who are merely exercising their protected legal rights. New Jersey workers are protected by the Jersey Law Against Discrimination and other state laws, which, along with New Jersey’s strong legal framework against retaliation, provide robust safeguards for employees facing adverse actions at work. For example, an employer might retaliate against a worker who chooses to take a protected leave of absence, resist unwanted sexual advances, or simply ask questions concerning pay and compensation. When workplace retaliation occurs, such as a retaliatory discharge, the employee may be able to get his or her job back or recover compensation with assistance from a knowledgeable and experienced employment law attorney handling retaliation claims.
At the Law Offices of Usmaan Sleemi, our New Jersey workplace retaliation attorneys have many years of experience representing workers in a wide array of industries, including manufacturing, healthcare, technology, construction, transportation, and many others, when employers break the law and violate employees’ established rights. Our firm has extensive experience as employment lawyers and Jersey retaliation lawyers, successfully representing New Jersey workers and Jersey workers in retaliation cases under New Jersey’s state laws. If you believe that you or a loved one was a victim of workplace retaliation at a company or agency located in the Northern New Jersey area, we urge you to contact our law offices at 973-866-9415 for a free legal consultation. Your information will be kept confidential.
WHAT IS WORKPLACE RETALIATION?
Unfortunately, workplace retaliation is pervasive, not only in New Jersey but across the United States. According to the Equal Employment Opportunity Commission (EEOC), “Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases.” Retaliation is also widespread in the private sector, occurring at all levels of the corporate hierarchy, against members of all trades and professions, and throughout all industries.
Workplace retaliation takes many different forms but can be broadly described as any statement, policy, or action by an employer which is intended to punish an employee for engaging in “protected conduct” or a “protected activity,” meaning an activity against which retaliation is unlawful. Depending on the circumstances, examples of retaliatory actions might include:
- Assigning more difficult tasks.
- Cutting an employee’s benefits.
- Cutting an employee’s hours.
- Declining a pay raise.
- Demoting an employee.
- Firing an employee.
- Reassigning an employee to a different facility or location.
- Withholding necessary resources or training.
- Issuing negative performance reviews or manipulating performance reviews.
Employer actions such as negative performance reviews, demotion, or creating a hostile work environment can be considered retaliatory conduct. Other forms of retaliation can include constructive discharge, where a hostile work environment forces an employee to resign. Retaliation occurs when an employer’s actions are taken in response to an employee’s legally protected activity or protected complaint. Employees must prove retaliation by showing a connection between their legally protected activities and the employer’s adverse employment actions. Both current and former employees can bring retaliation claims if they were subject to adverse actions for engaging in protected activities.
In other cases, retaliation manifests in a more personal, less formal way – for instance, verbally or emotionally abusing the employee, spreading malicious rumors about the employee, or threatening to contact law enforcement or immigration agencies about a matter concerning the employee or one of the employee’s family members. However, the consequences are the same, creating an environment of fear and intimidation.
Your Legal Protections Against Workplace Retaliation and Discrimination
There are many “protected activities” that may lead an employer to retaliate against an employee in violation of state or federal worker protection laws. Examples of protected actions against which retaliation is unlawful, but which nonetheless frequently trigger retaliation, include:
- Asking for reasonable accommodation for a disability.
- Asking for reasonable accommodation for a religious practice.
- Declining to participate in criminal, fraudulent, discriminatory, or otherwise prohibited practices in the workplace.
- Declining unwanted sexual advances, or otherwise resisting or reporting sexual harassment in the workplace, including intervening to help another co-worker who is being harassed.
- Speaking with co-workers or management concerning wages or salaries.
- Whistleblowing refers to reporting, raising concerns about, testifying about, or refusing to participate in unlawful or unethical practices in the workplace.
- Taking medical leave or seeking medical treatment.
It is also unlawful to retaliate against employees based on their membership in a “protected class,” meaning a type of employee against whom discrimination is banned by law. For example, it would be unlawful to retaliate against an employee by cutting their pay or reducing their hours simply because the employer learns that the employee holds a religious belief with which they disagree. In addition to religion, which is alternately referred to as an employee’s “creed,” other examples of protected classes include classes based on age, race, gender, color, and national origin. Employees are entitled to assert his or her rights without fear of retaliation.
Workplace Retaliation in New Jersey: FAQs
What is workplace retaliation in New Jersey?
Workplace retaliation in New Jersey happens when an employer punishes an employee for engaging in a legally protected activity. This can include reporting discrimination, harassment, unsafe working conditions, wage violations, or other unlawful conduct. Retaliation can take many forms, such as firing, demotion, pay cuts, reduced hours, undesirable job assignments, or creating a hostile work environment. Even subtle negative treatment can qualify if it happens because an employee exercised their legal rights at work.
What are common examples of retaliation at work?
Common examples of retaliation include being fired shortly after reporting misconduct, being passed over for promotions after filing a complaint, or suddenly receiving poor performance reviews without a clear reason. It can also include schedule changes that make work harder, exclusion from meetings or projects, or increased supervision compared to other employees. Retaliation does not always have to be obvious. Sometimes it builds over time through small negative actions that occur after a protected complaint or report is made.
Do I have to prove my original complaint was correct to claim retaliation?
No. In most cases, you do not need to prove that your original complaint was correct. You generally only need to show that you had a good-faith belief that something illegal or improper was happening and that you engaged in a protected activity, such as reporting it. If your employer then took negative action against you because of that report, it may still qualify as retaliation even if the original complaint is later found to be incorrect.
How can I prove retaliation in New Jersey?
Proving retaliation usually involves showing a connection between your protected activity and the negative treatment you experienced. Evidence can include emails, text messages, performance reviews, disciplinary notices, and witness statements. Timing is also very important, especially if the negative action happened soon after you made a complaint. A clear pattern of changing behavior after reporting an issue can also help show retaliation. Keeping detailed records of events and dates can make it easier to understand what happened.
What should I do if I believe I am being retaliated against?
If you believe you are experiencing retaliation, start by documenting everything in detail. Write down what happened, when it happened, who was involved, and any witnesses. Save emails, messages, performance evaluations, and other workplace records. Try to stay professional at work and continue following company policies. If your employer has a reporting process, you may also consider using it. Keeping organized records of changes in treatment after your complaint can help clarify whether retaliation may be occurring over time.
PROTECTED ACTIVITIES UNDER THE LAW
Under New Jersey law, employees are granted important protections when they engage in certain actions known as “protected activities.” These activities are specifically safeguarded to ensure that workers can exercise their rights without fear of unlawful retaliation or negative consequences from their employer. Protected activities include reporting or opposing discrimination, harassment, or other illegal conduct in the workplace, as well as participating in investigations or proceedings related to such misconduct.
The Conscientious Employee Protection Act (CEPA), often referred to as New Jersey’s whistleblower law, is a powerful statute that shields employees who report illegal or unethical behavior. Under CEPA, it is unlawful for employers to retaliate against workers who disclose information about illegal practices, refuse to participate in activities that violate public policy, or cooperate with investigations into such conduct. Federal laws, such as Title VII of the Civil Rights Act, also prohibit retaliation against employees who report discrimination or harassment, ensuring that workers are protected under both state and federal laws.
NORTH JERSEY WORKPLACE RETALIATION ATTORNEYS CAN HELP YOU FILE A CLAIM OR LAWSUIT
Retaliating against employees who act within their legal rights is prohibited by numerous pieces of legislation. If you suspect that you were fired, demoted, denied a pay increase, assigned fewer hours, or otherwise retaliated against simply for exercising your rights, you should discuss your situation with an employment law attorney as soon as possible. Employees may pursue legal recourse through a civil lawsuit or retaliation claim, and may be entitled to lost wages, emotional distress damages, and punitive damages. Whistleblower claims and whistleblower retaliation are also covered under New Jersey law against discrimination and the law against discrimination. Compensatory and punitive damages may be available in retaliation and whistleblower claims. It is important to have well documented evidence to support your claim and to hold employers accountable. Depending on the reasons for and nature of your employer’s actions, statements, or policies, various remedies may be available. For instance, you may be able to file a claim or lawsuit against your employer, which could result in the recovery of financial compensation.
However, it is critical that you are represented by a New Jersey retaliation attorney, as employers may use a variety of defenses to deny that retaliation occurred. Legal representation is crucial to hold employers accountable and to establish a clear mandate for employee rights. Without the benefit of aggressive legal representation, it is extremely difficult for employees to prevail in retaliation claims against employers.
At the Law Offices of Usmaan Sleemi, we are proud to serve the workforce that makes New Jersey run. Our workplace retaliation lawyers for employees have repeatedly obtained favorable outcomes in challenging, complex cases involving small, mid-size, and large businesses. To confidentially discuss your potential claim in a free legal consultation, contact our law offices at 973-866-9415 today.