We Handle Employer Retaliation Claims in Hackensack and Throughout North Jersey
At Zatuchni & Associates, our Hackensack workplace retaliation attorney provides personalized, zealous legal representation to employees. Your rights must be protected. If you or your loved one was subject to an adverse employment action after exercising a legally protected right, we are here to help you get justice. For a no-cost, no-obligation initial consultation with a New Jersey workplace retaliation lawyer, please contact us today.
What is Workplace Retaliation?
Employees are protected under a number of different state and federal labor regulations, including
Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), and the New Jersey Law Against Discrimination (LAD). All of these laws provide protections against retaliation. Simply described, retaliation occurs when an employer takes negative employment action against a worker because that worker engaged in a protected activity. An employee cannot be punished because they reported unlawful treatment, whether informally within the company or formally through a state or federal complaint.
Some Examples of Unlawful Retaliation By Employers
While retaliation is clearly barred under key federal and state employment statutes, it remains a significant problem. Official data from the Equal Employment Opportunity Commission (EEOC) shows that retaliation is the single most commonly cited basis for federal employment law claims. The numbers are similar at the state level in New Jersey. Employees need to know how to recognize and challenge unlawful retaliation. Here are some examples of situations that suggest retaliation:
- An employee reports sexual harassment by a supervisor, soon after she is fired;
- An employee complains about unpaid overtime, and soon after she is demoted;
- An employee supports another worker’s gender discrimination claim, soon after she is subject to harassment; and
- An employee files a disability discrimination claim, but while the case is pending she is fired.
What You Need to Do to Prove Retaliation
In order to hold an employer liable for workplace retaliation in New Jersey, an employee must present a strong, well-supported legal case. You need comprehensive evidence that establishes that your employer violated their duties under federal law or state law. Here are three required elements of a workplace retaliation claim in New Jersey:
- Employee Engaged in Protected Activity: To bring a retaliation claim in New Jersey, an employee must first establish that they engaged in a legally protected activity. Examples include reporting harassment, filing a discrimination complaint, or supporting another worker in a claim.
- Employee Was Subject to Adverse Action: Next, an employee must prove that they were subject to some form of adverse employment action. Broadly defined, an adverse employment action is any unfavorable employment action.
- Protected Activity and Adverse Action are Connected: Finally, an employee must prove that there is a causal relationship between the two events. They must establish that their employer took negative action against them because they participated in a protected activity.
Retaliation claims are highly fact-intensive legal cases. The specific circumstances matter as it is the employer’s motivation and reasoning in taking adverse action against an employee that determines whether or not unlawful retaliation occurred. These cases always require an in-depth investigation. Our Hackensack employer lawyer is ready to get started on your retaliation case right away.
Know Your Remedies: Workplace Retaliation in New Jersey
If you or your loved one was forced to endure unlawful workplace retaliation in North Jersey, it is crucial that you know what to do to protect your rights. Consult with an experienced Hackensack employment law attorney right away. A lawyer will help you take action to hold the employer accountable. Several remedies may be available, including:
- Back pay & reinstatement;
- An award of compensatory damages, including for emotional anguish; and
- Punitive damages.
How New Jersey Workplace Retaliation Lawyer David Zatuchni Can Help
Every employment law claim is different. You deserve personalized legal representation. Our founding attorney David Zatuchni is an experienced employee rights lawyer with a commitment to ensuring that all clients receive the same top-quality representation that big firms provide their corporate clients. Among other things, our Hackensack workplace retaliation attorney will:
- Conduct a comprehensive legal evaluation of your case;
- Answer questions and explain retaliation laws;
- Investigate the case and gather relevant evidence;
- Represent you in settlement discussions; and
- Take your retaliation claim as far as needed to get results.
Get Help From Our Hackensack Employer Retaliation Attorney
At Zatuchni & Associates, our Hackensack employee rights attorney is a skilled, solutions-focused advocate for workers. If you or your loved one was subject to unlawful retaliation by an employer, our legal team is here to protect your rights. For a free case review, please do not hesitate to contact us today. We represent workers in Hackensack, Bergen County, and throughout all of North Jersey.