Understanding Workplace Retaliation and Your Legal Options

Workplace retaliation occurs when an employer punishes an employee for engaging in legally protected activities, such as reporting misconduct, discrimination, or harassment. Retaliation can manifest in various ways, from demotions and pay cuts to more subtle forms of mistreatment. If you believe you’ve been retaliated against, understanding your legal rights is the first step toward addressing the issue and seeking justice.

What Constitutes Workplace Retaliation?

Retaliation involves any adverse action taken by an employer in response to an employee’s protected activity. Examples of protected activities include:

• Filing a complaint about workplace discrimination, harassment, or wage violations.
• Reporting safety hazards, illegal practices, or unethical behavior.
• Requesting reasonable accommodations for a disability or religious practice.
• Participating in an investigation, lawsuit, or hearing involving your employer.
• Taking family or medical leave under the Family and Medical Leave Act (FMLA).

Adverse actions may include termination, demotion, reduced hours, or other behaviors that negatively impact your employment status or work environment.

Common Signs of Retaliation

Retaliation can be obvious or subtle, making it important to recognize the signs. Common examples include:

• Sudden changes in job responsibilities or assignments without explanation.
• Receiving negative performance reviews despite prior positive feedback.
• Exclusion from meetings, projects, or other workplace opportunities.
• Reduction in pay, hours, or benefits.
• Hostile behavior or unwarranted disciplinary actions following a protected activity.

If you notice these changes after engaging in a protected activity, they may constitute unlawful retaliation.

Your Legal Protections Against Retaliation

Federal and state laws provide robust protections against workplace 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 from retaliation for requesting disability accommodations or reporting ADA violations.
• Family and Medical Leave Act (FMLA): Safeguards employees from retaliation for taking qualified family or medical leave.
• New Jersey Law Against Discrimination (LAD): Offers comprehensive protections for employees facing retaliation in New Jersey.
• Conscientious Employee Protection Act (CEPA): Protects whistleblowers in New Jersey from retaliation for reporting illegal or unethical practices.

These laws ensure employees can assert their rights without fear of retribution and provide remedies for violations.

Steps to Take If You Experience Retaliation

If you suspect workplace retaliation, follow these steps to protect your rights and build your case:

1. Document Incidents: Keep detailed records of retaliatory actions, including dates, times, and communications with your employer.
2. Review Workplace Policies: Familiarize yourself with your employer’s anti-retaliation policies and complaint procedures.
3. Report Retaliation Internally: File a formal complaint with your HR department or supervisor, outlining specific incidents and your concerns.
4. File a Legal Complaint: If internal reporting does not resolve the issue, file a claim with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights.
5. Seek Legal Counsel: An experienced employment lawyer can evaluate your case, guide you through the legal process, and advocate on your behalf.

How Castronovo & McKinney Can Help

Castronovo & McKinney, LLC has extensive experience representing employees who have faced workplace retaliation. Our skilled attorneys can:

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

We are committed to ensuring that employees can work in a fair and equitable environment without fear of retaliation.

Take Action Against Retaliation

If you believe you’ve been retaliated against for exercising 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 for your case.