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Retaliation

Retaliation Claims Under New Jersey and Federal Law

Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities. Understanding the legal protections against retaliation under both New Jersey and federal law is crucial for employees who believe they have been wrongfully targeted.

Legal Protections Against Retaliation

Federal laws, including the Civil Rights Act, the Americans with Disabilities Act, and the Family and Medical Leave Act, protect employees from retaliation. New Jersey’s Law Against Discrimination and other state statutes similarly prohibit employers from punishing employees for filing complaints, participating in investigations, or otherwise legally opposing discrimination and harassment.

Identifying Retaliation

Retaliation can manifest in various forms, including termination, demotion, salary reduction, job or shift reassignments, or other actions that can deter a reasonable person from engaging in protected activities. Recognizing these actions as retaliatory is the first step toward building a legal case.

Tips for Employees Preparing a Retaliation Case

Preparing a retaliation claim requires careful and strategic planning:

  1. Document the Protected Activity: Clearly record the details of any complaints filed, reports made, or participation in investigations. Note dates, times, and the nature of the activity.
  2. Record the Adverse Action: Document any changes in employment status or conditions that followed the protected activity. This includes keeping emails, performance reviews, and written communication from supervisors or HR documenting the changes.
  3. Establish a Timeline: Create a clear timeline linking the protected activity to the adverse action to demonstrate causality. The closer in time these events are, the stronger the implication of retaliation.
  4. Gather Witnesses and Support: Identify colleagues who witnessed the protected activity or the retaliation, or who have experienced similar treatment. Their testimonies can support your claim.
  5. Maintain Job Performance: Continue to perform your job duties to the best of your ability. Documenting your job performance through reports and reviews can counter any claims from the employer that the adverse actions were based on poor performance.

Role of Employment Lawyers in Retaliation Claims

Employment lawyers are pivotal in effectively handling retaliation claims:

  • Case Evaluation: An employment lawyer can assess the strength of the retaliation claim, including reviewing documentation and advising on the likelihood of a successful outcome.
  • Legal Guidance: Skilled attorneys guide clients through the process of filing a formal complaint, either with the Equal Employment Opportunity Commission (EEOC), the New Jersey Division on Civil Rights, or directly in court.
  • Representation: From drafting the complaint to negotiating settlements or representing clients in court, a lawyer manages all aspects of the legal process, ensuring that the client’s case is presented effectively.
  • Strategic Advice: Lawyers offer strategic advice on how to handle interactions with employers post-complaint, helping to protect clients from further retaliation.

Successful Legal Strategies

Employment lawyers who specialize in retaliation claims utilize several strategies to ensure success. They leverage detailed documentation and witness testimonies to build a compelling narrative. By clearly demonstrating the link between the protected activity and the adverse employment action, they create a robust argument for retaliation. Additionally, they stay updated on all changes in employment law to advocate effectively on their client’s behalf.

Conclusion

Retaliation claims are a serious matter in employment law, requiring a thoughtful approach and detailed preparation. Employees who suspect they are victims of retaliation should take immediate steps to document their case and seek legal counsel. With the support of a knowledgeable employment lawyer, employees can assert their rights and seek justice for wrongful retaliation, ensuring that their workplace remains fair and legally compliant.