Retaliation in the workplace is one of the most common and damaging forms of employer misconduct. It occurs when an employer punishes an employee for engaging in legally protected activities, such as reporting harassment, discrimination, or other violations. Retaliation is not only unethical—it is also illegal. Knowing your rights is the first step toward protecting yourself and pursuing justice.
What Constitutes Retaliation?
Retaliation happens when an employer takes adverse action against an employee because they engaged in a protected activity. Protected activities include:
- Filing a complaint about discrimination or harassment.
- Reporting workplace safety violations or illegal practices.
- Requesting accommodations for a disability or religious practice.
- Participating in a legal investigation or lawsuit against the employer.
- Taking leave under the Family and Medical Leave Act (FMLA).
Adverse actions can range from obvious penalties like termination or demotion to subtle actions such as exclusion from meetings or increased scrutiny.
Examples of Retaliation
Retaliation isn’t always blatant, and employees may not recognize it immediately. Common examples include:
- Receiving sudden negative performance reviews after engaging in a protected activity.
- Being reassigned to less desirable duties or shifts without justification.
- Facing demotion, pay cuts, or reduced hours.
- Experiencing exclusion from meetings, projects, or opportunities.
- Enduring harassment or hostile behavior from supervisors or coworkers.
If you experience these actions after reporting or addressing workplace issues, they may qualify as unlawful retaliation.
Your Legal Protections
Federal and state laws protect employees from retaliation, including:
- Title VII of the Civil Rights Act: Prohibits retaliation against employees who report discrimination or harassment.
- Americans with Disabilities Act (ADA): Protects employees who request accommodations or report disability-related violations.
- Family and Medical Leave Act (FMLA): Protects employees from being penalized for taking medical or family leave.
- New Jersey Law Against Discrimination (LAD): Provides robust protections for employees in New Jersey, including those who report workplace violations.
- Conscientious Employee Protection Act (CEPA): Shields whistleblowers in New Jersey from retaliation for reporting illegal or unethical practices.
These laws ensure that employees can assert their rights without fear of retribution.
Steps to Take If You Experience Retaliation
If you suspect that you are a victim of retaliation, follow these steps to protect your rights:
- Document Incidents: Keep detailed records of all incidents, including dates, times, and witnesses, as well as any correspondence with your employer.
- Review Workplace Policies: Familiarize yourself with your company’s anti-retaliation policies and reporting procedures.
- Report Retaliation: File a formal complaint with your HR department or management according to your company’s procedures.
- File a Legal Complaint: If internal reporting doesn’t resolve the issue, file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights.
- Consult an Employment Lawyer: An attorney can help you navigate the legal process and seek compensation for damages such as lost wages and emotional distress.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC specializes in representing employees who have experienced workplace retaliation. Our experienced attorneys can:
- Evaluate your case to determine if your employer violated state or federal laws.
- Help you file complaints with appropriate government agencies.
- Negotiate settlements to recover lost wages, benefits, and damages for emotional distress.
- Represent you in court to ensure your employer is held accountable for their actions.
We are committed to protecting employees’ rights and securing justice for those who have been wronged.
Take Action Against Retaliation
If you’ve faced retaliation for asserting your rights, don’t wait to take action. Contact Castronovo & McKinney, Retaliation Attorneys today for a consultation. Let us help you protect your rights and pursue justice.
