How to Handle Workplace Retaliation Claims

It is important to understand the concept of unlawful retaliation and the protections afforded to employees under the New Jersey Law Against Discrimination (“LAD”). Indeed, employers cannot take adverse employment actions (such as terminations or the denial of promotions) against employees because they oppose activities that violate the LAD. Therefore, the LAD protects employees who oppose unlawful practices in the workplace such as discrimination.

Understanding Workplace Retaliation

Under the LAD, it is an unlawful employment practice to retaliate against any person because the individual (1) has opposed any practices or acts outlawed by the LAD or (2) has or intends to file a complaint, testify, or assist in any proceeding under the LAD.

Employees who oppose discrimination in the workplace are afforded expansive protection under the LAD. Indeed, employers are prohibited from retaliating against individuals who report discrimination either internally to management or human resources. Similarly, employers are prohibited from retaliating against individuals who file a complaint alleging discrimination with either federal or state government agencies such as the Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights.

Consequences of Workplace Retaliation

Workplace retaliation can have significant consequences for employees. Such consequences include:

Emotional Distress – Retaliation may cause anxiety, depression, and stress.
Physical Distress – Retaliation may lead to health issues, such as sleep disturbances and headaches.
Decreased Job Satisfaction and Morale – Retaliation generally causes job dissatisfaction.
Financial Impact – Retaliation may lead to loss of income, bonuses, and benefits.

Four Tips on How to Handle Workplace Retaliation Claims

Some general tips on how to handle workplace retaliation include the following:

Document all incidents.
Review Company policies.
Report the retaliation pursuant to Company policies.
Confer with legal counsel.

Consult With a New Jersey Employment Retaliation Attorney

If you are experiencing unlawful retaliation, it is recommended to consult with a trusted New Jersey employment retaliation attorney. Consulting with legal counsel may be beneficial for a variety of reasons, including obtaining an honest assessment of your situation and recommended next steps.

If you believe that you have been subject to retaliation in the workplace or have been subject to an unlawful retaliatory discharge and are in need of an experienced and well-versed New Jersey Employment Attorney, please contact Curcio Mirzaian Sirot LLC.