Cherry Hill Retaliation Lawyers
Have you voiced legitimate concerns to your employer and are experiencing retaliation as a result? Perhaps you filed a discrimination or sexual harassment complaint, raised an issue about workplace safety, or a company action is putting the public safety at risk. Retaliation against employees who encounter risk or harassment in their work environment, is forbidden. State and federal laws prohibit employers from retaliating against workers who complain about violations of their rights in the workplace. It is also illegal for employers to retaliate against workers who participate in investigations regarding working conditions, harassment, discrimination, or any other unlawful act.
How Do Employers Retaliate Against Workers?
There are many ways that employers retaliate against workers illegally, including the following:
- Wrongful termination
- Unjustified negative performance reviews
- Verbal or written warnings, or other disciplinary actions that are unwarranted
- Demotion or denial of promotion
- Salary reduction
- Changes in job duties or hours
- Forced relocation
If your employment has been adversely impacted because your employer has taken actions such as these, you may have a valid retaliation claim. However, you must be able to prove that your employer took adverse actions specifically because you registered a complaint. A skillful employment lawyer can evaluate the validity of your claim and help you collect the evidence needed to win your case.
What Laws Prohibit Employer Retaliation in the Workplace?
There are several laws at both the state and federal levels that prohibit your employer to retaliate in the workplace. The law(s) that apply to your case will depend on the circumstances when the retaliation occurred. Laws against retaliation at the federal level include:
- Title VII of the Civil Rights Act of 1964
- Family and Medical Leave Act (FMLA)
- Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
- Fair Labor Standards Act
- Occupational Safety and Health Act
- Americans with Disabilities Act (ADA)
- National Labor Relations Act
The state of New Jersey provides additional protections against retaliation, including:
- New Jersey Law Against Discrimination (NJLAD)
- New Jersey Civil Rights Act (NJCRA)
- New Jersey Family Leave Act (NJFLA)
- Conscientious Employee Protection Act (CEPA)
If you bring a retaliation claim to trial in New Jersey, the courts will also consider whether your employer’s actions violated public policy. An example of this is when an employer retaliates against a worker for filing a Workers’ Compensation claim. New Jersey laws protects employees’ rights to collect Workers’ Compensation.
New Jersey Protects Concerned Workers
New Jersey also has retaliation statutes protecting workers who raise concerns about the following specific matters:
- Hazardous substances in the workplace
- Occupational health or safety
- Minimum wage violations, serving on a wage board, or wage discrimination
- Ski lift safety
- Bullying or harassment in school
The breadth and variety of statutes in New Jersey, while good for workers, may present challenges for those attempting to file a retaliation claim. Extensive research is required to determine which statues apply to any given set of circumstances. The deadlines for filing a claim vary according to statute. This ranges from 30 days from the date you register a complaint about hazardous substances to two years after other types of incidents. Therefore, if you are considering filing a retaliation claim against an employer, it is important to seek legal counsel to determine the best course of action to avoid losing your right to sue if you do not meet the timeframe specified by the applicable statute of limitations.
Can I File a Retaliation Claim If I Am Not a Full-Time Employee?
In New Jersey, workers have the right to file a retaliation claim even if they are not full-time employees. The law protects the following types of workers:
- Independent contractors
- Part-time employees
- Full-time employees
- Temporary employees
- Undocumented workers
As a worker in New Jersey, even if you are not a full-time employee, federal and state laws prohibit your employer from retaliating against you for complaining about violations of your rights in the workplace.
Cherry Hill Employment Lawyers at Sidney L. Gold & Associates, P.C. Advocate for Workers Facing Retaliation in the Workplace
Workers should not be afraid to voice legitimate concerns while on the job. New Jersey provides many statutes protecting workers against retaliation. The Cherry Hill employment lawyers at Sidney L. Gold & Associates, P.C. confidently handle cases of retaliation in New Jersey because they understand the laws and know the courts. Call us at 215-569-1999 or fill out our online form to schedule a free consultation. Located in Pennsauken, New Jersey, we serve clients throughout South Jersey, including Cherry Hill, Haddonfield, Moorestown, and Mount Laurel.