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Retaliation in the workplace can affect your career and well-being. It occurs when an employer punishes an employee for engaging in legally protected activities, such as reporting discrimination, filing a wage and hour complaint, or participating in an investigation.
Retaliation can take many forms, including termination, demotion, or creating a hostile work environment. If you have faced such actions, experienced legal representation can help you navigate New Jersey’s retaliation laws and secure the justice you deserve. As your New Jersey retaliation lawyers at Joseph & Norinsberg, we understand the challenges of these cases and are committed to protecting your rights.
Table of Contents
- Why Choose Joseph & Norinsberg for Your New Jersey Retaliation Case?
- Our Case Results
- New Jersey Retaliation Laws
- Examples of Retaliatory Actions in New Jersey
- Proving Workplace Retaliation in New Jersey
- Legal Protections and Compensation for Retaliation in New Jersey
- Steps To Take When Facing Retaliation in New Jersey
- Speak With a Retaliation Lawyer in New Jersey
Why Choose Joseph & Norinsberg for Your New Jersey Retaliation Case?
New Jersey workers are entitled to fair pay, equal treatment, and a safe, discrimination-free work environment. We are an employment law firm devoted to fighting for workers’ fundamental rights. We relentlessly fight for every client until justice is served. We don’t back down from a challenge, tackling the toughest cases that others avoid. When other law firms are at the end of their rope…we tie a knot and keep fighting to get you justice.
Proven Track Record of Success
With over 75 years of collective experience protecting workers, our firm has achieved a 90 percent success rate in employment law cases.
Our work often makes headlines. Recently, Benitta Joseph and Jon L. Norinsberg filed a $15 million New Jersey workplace retaliation lawsuit in Sussex County Superior on behalf of six former employees of Mohawk House Restaurant in Sparta, N.J. Our clients accused their employer of sexual abuse, harassment, discrimination, and retaliation.
Experienced and Dedicated New Jersey Retaliation Attorneys
Our firm succeeds through a relentless work ethic, exceptional trial skills, and empathy for each and every client. We have extensive knowledge of the constantly evolving federal and state workplace retaliation laws and a deep understanding of how these laws impact employees and job applicants.
Our staff of experienced retaliation lawyers and paralegals are ready to support you during your case. Our senior trial attorney, Crystal Dozier, has been declared a Certified Trial Attorney by the New Jersey Supreme Court. This certification is a testament to her experience and dedication to fighting for our clients’ rights.
Personalized and Comprehensive Support
We understand that each retaliation case is unique. We provide personalized legal support tailored to your specific circumstances. Our team listens, investigates, and prepares meticulously for your case while striving for the best possible outcome. We are here to support you each step of the way.
Our Clients Have Given Us a Five-Star Rating
We are proud of our five-star Google rating, not because of the number but because of the satisfied clients it represents. We treat all our clients like family. Therefore, many stay in touch with us long after their cases are over. We regularly receive unsolicited client testimonials such as the following:
Our Case Results
We obtained a $500,000 settlement for a master electrician and event lighting coordinator against a well-known owner and operator of event spaces and venues in New York City. After our client alleged claims of unpaid wages, the defendant terminated her employment. We successfully resolved our client’s allegations, obtaining a sizable settlement despite the defendant’s strong opposition and denials of any wrongdoing.
New Jersey Retaliation Laws
New Jersey employment law strictly prohibits retaliation in the workplace. Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities. Retaliatory actions can include firing, demotion, harassment, or any other form of punishment in response to the employee’s lawful actions.
Overview of Protected Activities
In New Jersey, the Conscientious Employee Protection Act or CEPA, otherwise known as the “Whistleblower Act,” prohibits employers from retaliating against employees who engage in certain activities, including the following:
- Disclosing or threatening to disclose to a supervisor or public body an activity, policy, or practice you reasonably believe is a violation of a law, rule, or regulation.
- Disclosing or threatening to disclose activity you reasonably believe to be fraudulent or illegal, including deception or misrepresentation to clients, shareholders, patients, investors, or other employees.
- Testifying or providing information about legal violations to a public body or investigators.
- Refusing to participate in any activity you reasonably believe to be fraudulent, illegal, or incompatible with clear public policy concerning health and safety or environmental protections.
Comparison With Federal Laws
New Jersey’s retaliation protections align with federal laws such as Title VII of the Civil Rights Act. However, New Jersey’s CEPA offers broader protections for whistleblowers, earning its reputation as one of the most protective whistleblowing laws in the country. For example, New Jersey’s courts have found that CEPA’s protections may even extend to independent contractors in certain situations.
Both state and federal laws protect employees from engaging in legal activities without fear of employer retaliation. This dual protection underscores the importance of safeguarding employee rights and promoting a fair workplace environment.
If you believe you have experienced retaliation, a knowledgeable New Jersey retaliation attorney can explain your legal rights and options.
Examples of Retaliatory Actions in New Jersey
One of the most common forms of retaliation in the workplace is termination, but it can come in a range of negative actions following your participation in a protected activity, such as reporting discrimination or participating in a whistleblower investigation. Examples of retaliatory actions include the following:
- Termination: You are fired after engaging in a protected activity.
- Demotion: Your employer unjustly reduces your rank or pay.
- Changing your schedule: Your employer may reduce your hours or schedule you during undesirable hours.
- Denying a promotion: Your employer may promote a less qualified colleague in your place.
This is not an exhaustive list and may include any adverse job action. If you believe your employer is punishing you for engaging in a protected activity, speak with a New Jersey retaliation lawyer regarding your rights.
Harassment and Hostile Work Environments
Retaliation can also manifest as harassment or a hostile work environment. If you are unfairly targeted, bullied, or isolated at work after engaging in protected activities, these actions can be a form of retaliation. Ostracism—where colleagues and supervisors intentionally exclude you from meetings or important communications—can be harmful and isolating.
Retaliatory Changes in Job Duties
Employers may retaliate by changing your job duties, shifts, or assignments. Retaliatory actions could include assigning you less favorable tasks, changing your work schedule to inconvenient times, or relocating you to a different department or location without justification. These changes are designed to punish you for asserting your rights and can significantly impact your work life and overall well-being.
Proving Workplace Retaliation in New Jersey
To establish a successful retaliation claim in New Jersey, you must demonstrate the following three key elements:
- Protected activity
- Adverse employment action
- Causal connection
Protected Activity
You must show that you engaged in a protected activity. Such actions include filing a complaint about workplace safety regulations, participating in an investigation, or reporting discrimination. Protected activities are those that the law specifically safeguards against retaliation.
Adverse Employment Action
You must prove that your employer took an adverse employment action against you, such as termination, demotion, harassment, or other punitive measures that negatively impact your job. The adverse action must be significant enough to deter a reasonable person from engaging in the protected activity.
Causal Connection
You must establish a causal connection between your protected activity and the adverse employment action. You must demonstrate that your employer took the adverse action because of your protected action. Your allegation can be supported by timing, the employer’s statements, or other evidence.
Legal Protections and Compensation for Retaliation in New Jersey
New Jersey workplace retaliation laws allow you to engage in these activities without fear of retribution. CEPA provides robust protections to maintain a fair and just work environment.
Available Legal Remedies
Victims of workplace retaliation in New Jersey have several legal remedies available, including:
- Reinstatement: Returning you to your former position
- Back pay: Compensation for lost wages
- Compensatory damages: Financial compensation for emotional distress and other impacts of retaliation
- Injunctive relief: Court orders to prevent further retaliatory actions
Statute of Limitations and Procedural Requirements
Filing a retaliation claim requires adherence to specific procedures. In New Jersey, you typically have one year to file suit under CEPA. However, exceptions exist, and a New Jersey retaliation lawyer can confirm your deadline.
Steps To Take When Facing Retaliation in New Jersey
If you suspect your employer of retaliation, follow these steps:
- Promptly contact a trusted New Jersey retaliation lawyer: They can assess your situation confidentially.
- Document instances of retaliation: Meticulously record the dates, times, locations, and descriptions of each retaliatory action.
- Follow internal reporting procedures: Usually, this involves reporting the retaliation to your human resources department.
- File a complaint with the New Jersey Division of Civil Rights: If internal reporting fails to resolve the issue, file a complaint with the NJ DCR to formally initiate an investigation.
Your attorney will guide and advise you of your rights throughout this process.
Speak With a Retaliation Lawyer in New Jersey
If you have experienced retaliation in the workplace, act quickly. You can explore your legal options by consulting with an experienced New Jersey retaliation lawyer at Joseph & Norinsberg. Our dedicated team is here to provide guidance and support during this challenging time.
Don’t suffer in silence. Arrange a free consultation to discuss your situation and take the first step toward justice. Call us at 212-227-5700 or contact us online.
Having over 25 years of experience and a proven track record of success, Jon has become one of the top civil rights litigators in New York City. A true trial lawyer, he is not intimidated by the intense challenges complex civil rights and constitutional law cases present.
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