New Jersey employees are protected from retaliation for engaging in protected activity. For example, a worker who complains about sexual harassment cannot be fired or suffer other negative employment action simply for complaining to Human Resources. Call The Law Offices of Usmaan Sleemi for assistance if you suspect you are the victim of retaliation. Our New Jersey sexual harassment lawyer can begin working immediately to gather information to support your case. Below, we look at the elements you must prove to prevail on a retaliation claim.
3 Elements of a Workplace Retaliation Claim
Generally, you will need to prove the following elements to win a workplace retaliation claim. The burden is on the employee to come forward with information, at least to start.
1. You Engaged in Protected Activity
Examples of protected activity include:
- Requesting reasonable accommodation for a disability.
- Reporting harassment or discrimination to your boss or Human Resources.
- Filing a harassment or discrimination claim in court or with an administrative agency.
- Reporting wage and hour violations or other violations of labor laws.
2. Your Employer Took Adverse Action
You also need to show adverse action taken by your employer, such as:
- Termination
- Demotion
- Pay cut
- Denied promotion
- Lost benefits
- Exclusion from other benefits
Speak with our office if you are unsure of whether your boss has retaliated.
3. Your Employer Took Adverse Action Because of Your Protected Activity
A worker needs to prove a causal connection; otherwise, your employer might claim the adverse action was just a coincidence.
Usually, we rely on timing. An employer who demotes or fires you shortly after you complain about harassment has probably engaged in retaliation. Other evidence might be an admission that they took your protected activity into consideration.
How Do You Build Proof of a Workplace Retaliation Claim?
What evidence is useful for a workplace retaliation claim? Helpfully, some evidence is in your control, while other evidence might be in the possession of your employer.
Typically, our office relies on:
- Letters, emails, and other communications showing you engaging in protected activity. For example, if you complained about harassment to HR, we would like to see a copy of the email or a summary of the conversation (including the date).
- Proof of adverse employment action, including a termination letter, reprimand, etc.
- Witnesses who overheard negative comments about you for engaging in protected activity.
- Timeline of events. When did you first complain about harassment or request reasonable accommodation? And when were you fired or demoted? Timelines are important in retaliation cases.
In most situations, your employer offers a legitimate reason for the adverse action, such as tardiness, poor job performance, or an economic downturn. Ultimately, we will need to disprove this reason.
Call Our Paramus Employment Lawyer for Assistance
New Jersey laws provide protection to workers who engage in protected activity. Still, many workers are unsure about their rights, and they fear no one has their back. Call our office to speak with an experienced Paramus wrongful termination lawyer. Our firm has won retaliation cases for many workers, and we are eager to learn more about any adverse employment action you have suffered.
