Workplace retaliation is a serious issue that can undermine employees’ trust in their employers and create a toxic work environment. Retaliation occurs when an employer punishes an employee for exercising their legal rights or reporting violations. Federal and state laws protect employees from retaliation, ensuring they can speak out against misconduct without fear of adverse consequences.

What Constitutes Workplace Retaliation?

Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities. These activities include:

• Filing a discrimination or harassment complaint.
• Reporting workplace safety violations or unethical practices.
• Participating in an investigation, hearing, or lawsuit.
• Requesting accommodations for a disability or religious practice.
• Taking leave under the Family and Medical Leave Act (FMLA).

Adverse actions can range from termination and demotion to more subtle forms of punishment, such as exclusion from meetings or negative performance reviews.

Examples of Retaliation

Retaliation can take many forms, including:

• Firing or demoting an employee shortly after they report a workplace issue.
• Reducing pay, hours, or job responsibilities without justification.
• Issuing unwarranted negative performance evaluations or disciplinary actions.
• Excluding the employee from training, meetings, or workplace opportunities.
• Creating a hostile work environment to force the employee to quit.

If these actions occur after you engage in protected activities, they may constitute unlawful retaliation.

Your Legal Protections

Employees are protected from retaliation under several laws, including:

• Title VII of the Civil Rights Act: Prohibits retaliation for reporting discrimination or harassment.
• Americans with Disabilities Act (ADA): Protects employees who request disability accommodations or report ADA violations.
• Family and Medical Leave Act (FMLA): Prevents retaliation for taking qualified family or medical leave.
• New Jersey Law Against Discrimination (LAD): Offers additional protections for employees facing retaliation in New Jersey.
• Conscientious Employee Protection Act (CEPA): Shields whistleblowers who report illegal or unethical practices by their employers.

These laws aim to ensure that employees can assert their rights without fear of punishment.

Steps to Take If You Experience Retaliation

If you believe you’ve been retaliated against, follow these steps to protect yourself:

1. Document the Retaliation: Keep detailed records of adverse actions, including dates, times, and communications with your employer.
2. Report Internally: File a complaint with your HR department or follow your company’s internal procedures for addressing workplace issues.
3. File a Complaint with Authorities: Submit a claim to the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights.
4. Seek Legal Advice: Consult an experienced employment attorney to evaluate your case and discuss options for pursuing justice.

How Castronovo & McKinney Can Help

Castronovo & McKinney, LLC specializes in helping employees who have experienced workplace retaliation. Our attorneys can:

• Evaluate your case to determine whether your employer violated state or federal laws.
• Help you file complaints with the appropriate government agencies.
• Negotiate settlements to recover lost wages, emotional distress damages, and other compensation.
• Represent you in court to hold your employer accountable for unlawful retaliation.

We are dedicated to ensuring employees can work in environments that are fair, respectful, and free from retaliation.

Take Action Against Retaliation

If you’ve experienced workplace retaliation, don’t hesitate to seek help. Contact Castronovo & McKinney, Retaliation Attorneys today for a consultation. Let us help you protect your rights and pursue the justice you deserve.