Employee Retaliation: Understanding Your Rights and Protections

Retaliation in the workplace can occur when an employer takes adverse action against an employee for engaging in legally protected activities, such as reporting discrimination, harassment, or safety violations. Retaliation is unlawful under federal and state laws, and employees have the right to take action if they are targeted. Knowing how to recognize retaliation and protect your rights is essential for maintaining a fair and respectful workplace.

What Constitutes Retaliation?

Retaliation occurs when an employer punishes an employee for asserting their rights under the law. Protected activities include:

• Filing a complaint about workplace discrimination or harassment.
• Reporting safety violations or illegal practices.
• Requesting reasonable accommodations for a disability or religious practice.
• Taking family or medical leave under the Family and Medical Leave Act (FMLA).
• Participating in an investigation or legal proceeding related to workplace violations.

Adverse actions may include termination, demotion, pay reduction, or creating a hostile work environment.

Examples of Workplace Retaliation

Retaliation can take many forms, some of which may not be immediately obvious. Examples include:

• Firing or demoting an employee shortly after they file a complaint.
• Reducing an employee’s hours or pay without justification.
• Assigning undesirable or less favorable tasks as punishment.
• Excluding an employee from meetings, projects, or workplace opportunities.
• Harassing or threatening an employee to discourage further complaints.

If these actions follow a protected activity, they may constitute unlawful retaliation.

Your Legal Protections Against Retaliation

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 ADA violations.
• Family and Medical Leave Act (FMLA): Prohibits retaliation against employees who take qualified family or medical leave.
• New Jersey Law Against Discrimination (LAD): Offers robust protections against retaliation for employees in New Jersey.
• Conscientious Employee Protection Act (CEPA): Shields whistleblowers from retaliation for reporting illegal or unethical practices.

These laws ensure that employees can exercise their rights without fear of punishment.

Steps to Take If You Experience Retaliation

If you suspect you’re a victim of retaliation, take these steps to protect your rights:

1. Document the Behavior: Keep a detailed record of retaliatory actions, including dates, times, and any communications with your employer.
2. Report Internally: File a formal complaint with your HR department or manager, following your company’s procedures.
3. File a Complaint with Authorities: Submit a claim to the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights.
4. Seek Legal Advice: Consult an experienced employment attorney to evaluate your case and explore your options for legal recourse.

How Castronovo & McKinney Can Help

Castronovo & McKinney, LLC has a proven track record of helping employees who have experienced retaliation. Our attorneys can:

• Assess your case to determine if retaliation has occurred under state or federal law.
• Help you file complaints with the appropriate government agencies.
• Negotiate settlements to recover lost wages, benefits, and emotional distress damages.
• Represent you in court to hold your employer accountable for unlawful retaliation.

We are dedicated to protecting employees and ensuring justice in the workplace.

Take Action Against Retaliation

If you’ve experienced retaliation in the workplace, don’t wait to take action. Contact Castronovo & McKinney, Retaliation Attorneys today for a consultation. Let us help you protect your rights and pursue the justice you deserve.