New Jersey Workplace Retaliation Lawyers
You have the right to stand up for yourself and others in the workplace. You are entitled to report wrongdoing and exercise your employment rights. When your employer takes negative action against you after you engaged in protected activities, you could be the victim of retaliation. Under various federal and state laws, retaliation in the workplace is illegal.
With a NJ lawyer from Aiello, Harris, Marth, Tunnero & Schiffman, P.C. in your corner, you don’t have to fear standing up to retaliation. You don’t deserve to be mistreated or terminated. With a proven track record of success, our New Jersey law firm can help you obtain the best possible results for your case.
What is retaliation in New Jersey?
Retaliation occurs when an employer discriminates against you for engaging in a legally protected activity at work. For example, you complained of discrimination, harassment, or wrongdoing and now you are facing negative consequences from your employer.
Negative employment actions can come in the form of:
- Decrease in pay
- Change in shift or assignment
- Denying a promotion
- Giving bad references
Retaliation can also be more subtle. Perhaps you were given the cold shoulder or excluded from meetings. Maybe your boss or co-workers are verbally abusing you. In some instances, you might have received threatening notes or emails.
Discrimination and harassment retaliation
If you or someone you work with is being harassed or discriminated against at work, your employer is not allowed to retaliate against you for reporting the behavior. This includes making a claim to your Human Resources department, filing a charge with the Equal Employment Opportunity Commission (EEOC), or being involved in a lawsuit.
Whistleblower retaliation in New Jersey
One of the most common forms of retaliation is after an employee “blows the whistle” on illegal, unethical, or fraudulent behavior in the workplace.
You cannot be retaliated against for:
- Refusing to engage in illegal or fraudulent conduct
- Reporting illegal or fraudulent behavior
- Participating in an investigation involving illegal conduct
Under the Conscientious Employee Protection Act (CEPA), you do not necessarily have to be correct about the fraud or wrongdoing. You are also protected by the Qui Tam provision of the False Claims Act, a federal law safeguarding whistleblowers.
Other forms of retaliation
Our employment law attorneys help employees with other retaliation claims. There are various protected employment activities which you should be free to engage in without fear of your employer taking revenge.
It is illegal to retaliate against an employee for:
- Submitting a workers’ compensation claim or being involved in a workers’ compensation investigation
- Taking protected leave under the Family and Medical Leave Act
- Taking military leave
- Exercising your rights as a union member
In some cases, your employer might make your work environment so unbearable, you are forced to quit. This is known as “constructive discharge” or “constructive dismissal.” If you believe you were a victim of constructive dismissal, a New Jersey attorney may be able to help.
Contact our New Jersey workplace retaliation lawyers today
When you have been abused or taken advantage of by your employer, you deserve proper compensation under the law. Aiello, Harris, Marth, Tunnero & Schiffman, P.C. is a full-service employment law dedicated to getting results. Contact us today to schedule your free initial consultation at (908) 561-5577 or contact us online.