We Handle Workplace Retaliation Claims in Lambertville and Throughout Central Jersey
At Zatuchni & Associates, our Lambertville workplace retaliation lawyer provides high-quality, results-driven legal representation to employees who were mistreated by their employer. If you or your loved one was punished by an employer for exercising your workplace rights, we are here to help. To set up a free, fully confidential case review with an experienced New Jersey employment law attorney, please do not hesitate to contact us today.
Employees Must Be Able to Exercise their Workplace Rights
Employees are protected against race discrimination, sexual discrimination, sexual harassment, wage and hour violations, and a number of different workplace violations under federal and state laws. Some of the most important workplace laws, including Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (LAD), protect an employee’s right to report and complain about mistreatment.
Employees must be able to exercise their discrimination, harassment, or another mistreatment without fear of facing retribution from their employer. When an employee punished an employee because that engaged in a legally protected activity, it is known as unlawful retaliation. An employer can be held legally responsible for damages an employee suffered due to retaliation.
Notable Examples of Illegal Workplace Retaliation in New Jersey
Unfortunately, retaliation in the workplace occurs far too frequently. The Equal Employment Opportunity Commission (EEOC) reports that retaliation is cited as a basis of a complaint in approximately half of all federal sector employment claims. Retaliation can take a wide array of different forms. Some potential examples of retaliation include:
- An employee being suspended after reporting sexual harassment by a manager;
- An employee being denied a promotion after reporting wage and hour violations; and
- An employee is terminated after supporting another worker’s race discrimination claim.
How to Prove that an Adverse Action is a Retaliation
It is not always easy to hold the employer legally liable for retaliation. Proving that you were subject to an adverse employment action is not sufficient to bring a successful retaliation claim. An employee must also prove that they were subject to that unlawful employment action because they engaged in a protected activity. Here are the three specific things that you need to prove in a workplace retaliation claim in New Jersey:
- Protected Activity: You actually engaged in a protected activity (reported harassment, filed a discrimination claim, complained about a wage and hour violation).
- Adverse Action: You were subject to an unfavorable employment action, such as being harassed, suspended, demoted, or fired.
- Causation: The employer took adverse action against you, at least in part, because you engaged in a protected activity.
While there are exceptions, most supervisors and employers are broadly aware that retaliating against an employee who engaged in a protected activity is unlawful. Unfortunately, this means that employers often work to conceal retaliation with pretextual (false) reasoning. For example, they may try to blame a termination on a worker’s “performance issues” instead of on their sexual harassment complaint. Every retaliation case requires a comprehensive investigation by an experienced Lambertville, NJ employment lawyer.
An Overview of the Remedies for Workplace Retaliation
Were you subject to unlawful retaliation by an employer in Lambertville or anywhere else in New Jersey? If so, it is imperative that you take immediate action to protect your rights and interests. You may be entitled to compensation for the damages that you suffered. The remedies available in a workplace retaliation claim may include:
- Back pay;
- Compensatory damages, including for mental distress; and
- Punitive damages.
How New Jersey Workplace Retaliation Attorney David Zatuchni Can Help
Workplace retaliation claims are complicated. Employers often try to conceal retaliation with pretextual reasoning. Our founding attorney David Zatuchni is an experienced employee rights advocate with a commitment to justice. We always take a proactive approach. Among other things, our Lambertville workplace retaliation lawyer is prepared to:
- Listen to your story and answer questions about your workplace retaliation case;
- Investigate the incident—securing the evidence needed to establish retaliation; and
- Build a comprehensive legal strategy focused on your best interests.
Call Our Lambertville Retaliation Attorney Today
At Zatuchni & Associates, our Lambertville employer lawyer has considerable experience taking on retaliation claims. If you or your family member was harassed, suspended, terminated, or otherwise punished for exercising your rights, we are more than ready to help. Call us now or connect with us online to set up your free case review. We advocate for worker rights in Lambertville, Hunterdon County, and throughout all of Central Jersey.