Somerset Retaliation Claims Lawyer

Charles Z. Schalk is an experienced New Jersey retaliation attorney. Our firm has a proven track record and is committed to assist New Jersey workers by providing legal support in employment law matters. All employees should be able to engage in their legally protected workplace rights without facing any form of retribution from their company or organization. Our dedicated legal team leverages extensive experience to advocate for our clients and protect their rights. Federal and state laws provide protection against retaliation. Jersey’s robust legal protections ensure employees are safeguarded against workplace retaliation.

We serve clients throughout New Jersey, including Monmouth County and surrounding areas. We are forced to advocate assertively for our clients’ rights in employment law and will hold employers accountable for unlawful actions. If you or your loved one was subject to unlawful retaliation by an employer, we are here to help. Clients are encouraged to consult with our legal team for assistance. Contact us today to set up your completely confidential consultation with a New Jersey employment lawyer.

What is Retaliation?

Retaliation is prohibited under state and federal laws, which prevent companies from taking adverse action against workers simply because that worker engaged in a legally protected right. Employers who retaliate against employees violate state and federal laws and may face legal consequences. 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. If your rights have been violated, you may be entitled to legal remedies. 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:

1. 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, whistleblowing on illegal activities within the company, complaining to supervisors or government agencies, the right to complain about unfair treatment, and having complained about mistreatment or discrimination. Employees who have been discriminated against and seek legal recourse are also protected. Laws such as the New Jersey Law Against Discrimination, the Employment Act, and the Conscientious Employee Protection Act (CEPA) protect employees who engage in these activities. An employee engaged in protected activity is crucial for establishing a retaliation claim.
2. 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.
3. 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. The employer must be aware of the protected activity for retaliation to be established. Without a link, there is no 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.

If you believe you have experienced retaliation, do not hesitate to pursue your legal rights.

Protected Activities and Employment Discrimination

Protected activities are at the heart of employment law, ensuring that New Jersey workers can stand up for their rights without fear of unlawful retaliation. Under both state and federal laws, employees are empowered to take action—such as reporting misconduct, complaining about discrimination or harassment, requesting medical leave or accommodations, or participating in investigations—without being subjected to adverse employment actions by their employers.

In New Jersey, the Conscientious Employee Protection Act (CEPA) and the New Jersey Law Against Discrimination (NJLAD) provide robust protections for employees who report or oppose unlawful conduct in the workplace. These laws make it unlawful for employers to retaliate against employees who engage in protected activities, whether that means reporting sexual harassment, refusing to participate in fraudulent practices, or requesting reasonable accommodations for a disability or medical condition. Examples of protected activities include reporting sexual harassment or harassment, requesting medical leave or family leave, seeking accommodations for religious or medical reasons, and complaining about discriminatory practices or other forms of misconduct.

When employers commit unlawful retaliation—such as terminating, demoting, or denying promotions to employees who have engaged in protected activities—they violate state and federal laws. These adverse employment actions can cause significant harm, including financial loss, emotional distress, and damage to an employee’s reputation. The law provides remedies for employees who have been harmed, including reinstatement to their position, back pay, compensation for lost benefits, and, in some cases, punitive damages to punish egregious conduct and deter future violations.

Fighting Back Against Workplace Retaliation in New Jersey

Our legal team has a proven track record of success in representing New Jersey workers in retaliation cases. We conduct thorough investigations, develop strong cases, and are committed to holding employers accountable for unlawful retaliation. Whether you have been denied accommodations, terminated after reporting misconduct, or faced other adverse employment actions, our team is dedicated to pursuing the compensation and justice you deserve.

If you believe you have been subjected to workplace retaliation after engaging in a protected activity, it is important to consult with an experienced employment law attorney. Our New Jersey workplace retaliation lawyer, Charles Z. Schalk, offers confidential consultations to help you understand your rights and options. Additionally, the Employment Opportunity Commission (EEOC) and other state and federal agencies provide valuable resources and support for employees facing retaliation.

Protected activities are a vital safeguard for employees, and state and federal laws strictly prohibit employers from retaliating against workers who assert their rights. If you have experienced harm as a result of unlawful retaliation, you may be entitled to reinstatement, compensation, and other remedies. Our legal team is committed to standing with New Jersey workers, holding employers accountable, and pursuing justice in every case.

Understanding Workplace Retaliation (Examples)

There are several common forms of workplace retaliation. The following examples illustrate situations in which employees may face adverse employment actions in the place of work after engaging in protected activities:

• Reporting Sexual Harassment: Imagine that an employee reports an incident of sexual harassment, such as unwanted sexual advances, 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 been complaining 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 decides to report a safety hazard in the workplace to OSHA. 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.
• Refusing to Participate in Fraudulent Practices or Misconduct: Consider a situation where an employee refuses to participate in fraudulent practices or report misconduct, such as falsifying records or violating regulations. If the employer responds by demoting or attempting to terminate the employee, this could be unlawful retaliation. Employees who blow the whistle on such activities are protected by law.
• Requesting an Accommodation or Medical Leave: Suppose an employee requests a reasonable accommodation for a disability, religious observance, or medical condition, or requests medical leave or family leave. If the employer denies the accommodations, terminates the employee, or otherwise takes adverse employment actions such as demotion or pay reduction because of the request or absence, this may constitute retaliation. Laws protect employees from being punished for requesting accommodations or taking protected leave.

In each of these situations, 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. Retaliation can cause significant harm, including emotional distress, damage to reputation, and financial losses, and the law provides remedies for employees who have been wronged in these situations.

Employees should stand up for their rights and stand against retaliation. If you experience retaliation, do not hesitate to seek legal help.

What is Adverse Employment Action?

Broadly defined, adverse employment action is any negative employment action. Adverse employment actions are prohibited when they are based on an employee’s protected activity, such as reporting discrimination or harassment.

In New Jersey, some of the most common examples of adverse employment action include:

• Demotion;
• Cut in pay;
• Cut in benefits;
• Denial of promotion;
• Suspension; and
• Termination, which can harm an employee’s reputation and is often used to punish employees for engaging in protected activities.

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. Employees may also be awarded damages for emotional distress and attorneys’ fees. In cases where the employer’s conduct is especially egregious or malicious, punitive damages may be available to punish wrongful behavior and deter future violations.

Under CEPA, a whistleblower generally has one year to file a retaliation claim, making it important to act promptly if you believe your rights have been violated.

The process of pursuing a retaliation claim involves several steps, and your lawyer will guide you through each stage to ensure you understand what to expect and that your case is handled thoroughly and professionally.

Your lawyer can help you take action to get justice in your retaliation case. Please note that results may vary depending on the specific facts and legal circumstances of your situation, and the remedies available will depend on the details of your case.

Charles Z. Schalk is a Top-Tier Somerset 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 leads a dedicated legal team of New Jersey employment lawyers 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 and known as a force in pursuing retaliation claims for our clients. Among other things, our New Jersey retaliation lawyer will:

• Listen to what you have to say and answer questions about your retaliation case;
• Conduct a thorough investigation—gathering the evidence that you need to prove retaliation; and
• Develop a comprehensive legal strategy focused on building a strong case and securing the best possible results.

Contact Our Somerset Retaliation Claims Attorney Today

Charles Z. Schalk is an experienced Somerset 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 legally protected activity, we are here to help. It is important to seek information about your rights and consult with legal counsel to understand your options. The Employment Opportunity Commission (EEOC) is also a valuable resource for information and assistance with workplace retaliation claims. Contact us today to set up your confidential initial case review. Our law firm handles retaliation claims throughout the State of New Jersey.