New Jersey Retaliation Claims Lawyer
Charles Z. Schalk is an experienced New Jersey retaliation attorney. All employees should be able to engage in their legally protected workplace rights without facing any form of retribution from their company or organization. Federal and state laws provide protection against retaliation. If you or your loved one was subject to unlawful retaliation by an employer, we are here to help. Contact us today to set up your completely confidential consultation with a New Jersey employment lawyer.
What is Retaliation?
Retaliation laws prevent companies from taking adverse action against workers simply because that worker engaged in a legally protected right. Many Federal and state labor laws have anti-retaliation provisions, including the New Jersey Law Against Discrimination (LAD).
The Elements of a Workplace Retaliation Claim in New Jersey
Unlawful workplace retaliation is taken very seriously in New Jersey. As an employee, you have the right to hold your employer accountable for this type of violation of your legal rights. With that being said, there are specific elements that you must establish in order to prove retaliation under the law. A successful retaliation claim in New Jersey requires each of the following:
- Protected Activity: The first element of a workplace retaliation claim is the involvement of the employee in a protected activity. Protected activities can take many different forms. Some of the most common examples include filing a complaint about workplace discrimination, reporting sexual harassment, harassment, and whistleblowing on illegal activities within the company.
- Adverse Employment Action: The second critical element of a retaliation claim is an adverse employment action. Broadly defined, an adverse employment action is any action taken by the employer that negatively affects the terms, conditions, or privileges of the employee’s job. Examples of adverse actions include demotion, termination, salary reduction, or a significant change in job responsibilities or work conditions.
- Causal Connection: Finally, the crux of a retaliation claim in New Jersey is proving a causal connection between the protected activity and the adverse employment action. Without a link, there is retaliation in the eyes of the law. The employee must demonstrate that the adverse action was taken because of their participation in protected activity. Proving causation can be complex. A New Jersey employee rights attorney can help.
Understanding Workplace Retaliation (Examples)
The concept of workplace retaliation can most easily be understood through some simple hypothetical examples. Here are three different examples of employer conduct that could constitute unlawful workplace retaliation in New Jersey:
- Reporting Sexual Harassment: Imagine that an employee reports an incident of sexual harassment to human resources. She is subsequently overlooked for a promotion. This may constitute retaliation—especially if the promotion is given to a less qualified colleague and the decision coincides closely with the timing of the harassment complaint.
- Filing a Wage and Hour Claim: Another example of retaliation could follow a wage and hour claim. For example, an employee may have complained about alleged unpaid overtime. If the employer reacts by reducing the employee’s work hours drastically, impacting their income, this response could be seen as retaliatory. It is particularly indicative of unlawful retaliation if the reduction in hours occurs shortly after the wage claim is filed.
- Notifying OSHA of a Safety Hazard: Imagine that an employee in New Jersey notifies OSHA of a safety hazard in the workplace. Soon after, the employer subsequently assigns them to the least desirable shifts or more dangerous tasks as a form of punishment. The law is clear that this would likely be considered retaliation.
In each of these examples, proving unlawful retaliation requires connecting the protected activity to the adverse employment action. If an employer can prove it had good cause to take negative action against a worker —and they can show that the protected activity was not a factor—there is no retaliation.
What is Adverse Employment Action?
Broadly defined, adverse employment action is any negative employment action. In New Jersey, some of the most common most examples of adverse employment action include:
- Demotion;
- Cut in pay;
- Cut in benefits;
- Denial of promotion;
- Suspension; and
- Termination.
Remedies for Retaliation in New Jersey
In New Jersey, employees who have experienced workplace retaliation have several potential remedies available to them. To start, they may be entitled to reinstatement to their previous job if they were unjustly demoted or terminated. Beyond that, they could receive compensation for lost wages and benefits resulting from the employer’s retaliatory actions. Finally, employees may also be awarded damages for emotional distress and attorneys’ fees. Your lawyer can help you take action to get justice in your retaliation case.
Charles Z. Schalk is a Top-Tier New Jersey Retaliation Attorney
Facing retaliation from an employer is stressful and frustrating. You have the right to take action to protect your interests. Charles Z. Schalk is a New Jersey employment lawyer with the skills and experience to take on the full range of retaliation cases. A member of both the New Jersey Association for Justice and the National Employment Lawyers Association, Charles Schalk puts client needs first. We are proactive. Among other things, our New Jersey retaliation lawyer will:
- Listen to what you have to say and answer questions about your retaliation case;
- Investigate the matter—gathering the evidence that you need to prove retaliation; and
- Develop a comprehensive legal strategy focused on securing the best possible results.
Contact Our New Jersey Retaliation Claims Attorney Today
Charles Z. Schalk is an employment lawyer with the skills and experience to take on all types of retaliation cases. If you are a worker or job applicant who was unlawfully punished for engaging in legal protected activity, we are here to help. Contact us today to set up your confidential initial case review. Our law firm handles retaliation claims throughout the State of New Jersey.
“Mr. Schalk obviously obtained a very successful verdict in a very very difficult case. This Court had an opportunity to observe Mr. Schalk throughout the trial. He certainly performed at an extremely high level . . . And to obtain the verdict that he did is a rare case . . . I feel very strongly that Mr. Schalk’s work in this case was at a very high level, a superior level and that if the 100 percent enhancement of the lodestar is in the rare case this would be the rare case in which Mr. Schalk would be entitled to that.”*”
