Understanding Retaliation: Your Workplace Rights
Retaliation in the workplace occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as reporting misconduct, filing complaints, or exercising employment rights. Retaliation can discourage employees from standing up for themselves, but state and federal laws provide robust protections to ensure your rights are safeguarded.
What Is Retaliation?
Retaliation involves any negative action taken by an employer in response to an employee’s protected activity. Examples of protected activities include:
- Filing a complaint about workplace discrimination or harassment.
- Reporting safety violations or illegal activities.
- Requesting accommodations for a disability or religious practice.
- Participating in an investigation or lawsuit against the employer.
- Taking leave under the Family and Medical Leave Act (FMLA).
Retaliation can take many forms, including termination, demotion, reduced hours, unfavorable work assignments, or creating a hostile work environment.
Recognizing Retaliation
Retaliation isn’t always obvious, and it’s not uncommon for employers to disguise it as legitimate business decisions. Common signs of retaliation include:
- Sudden negative performance reviews or disciplinary actions after engaging in protected activities.
- Reduction in pay, hours, or benefits without justification.
- Exclusion from important meetings or projects.
- Verbal harassment or increased scrutiny from supervisors.
If you suspect retaliation, documenting these incidents can help build a strong case.
Legal Protections Against Retaliation
Federal and state laws prohibit retaliation in the workplace. Key protections include:
- Title VII of the Civil Rights Act: Prohibits retaliation against employees who file discrimination or harassment complaints.
- Americans with Disabilities Act (ADA): Protects employees requesting disability accommodations.
- Family and Medical Leave Act (FMLA): Prohibits retaliation against employees taking protected medical or family leave.
- New Jersey Conscientious Employee Protection Act (CEPA): Protects whistleblowers who report illegal or unethical behavior.
These laws ensure that employees can assert their rights without fear of reprisal.
Steps to Take if You Face Retaliation
If you believe you’re being retaliated against, taking the following steps can help protect your rights:
- Document Everything: Keep detailed records of the retaliation, including dates, incidents, and witnesses.
- Review Workplace Policies: Check your employer’s policies on retaliation and grievance procedures.
- Report Retaliation: Notify your HR department or a manager about the retaliation, following company procedures.
- Consult an Employment Lawyer: An experienced attorney can help you evaluate your case, file complaints, and seek damages if necessary.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC has extensive experience helping employees fight workplace retaliation. Our attorneys can:
- Analyze your situation to determine if your employer violated retaliation laws.
- Help you file complaints with the Equal Employment Opportunity Commission (EEOC) or New Jersey labor agencies.
- Negotiate settlements to recover lost wages, benefits, and emotional distress damages.
- Represent you in court to ensure justice is served.
We are dedicated to standing up for employees who have faced retaliation and helping them achieve the justice they deserve.
Fight Back Against Retaliation
No one should face retaliation for asserting their workplace rights. If you’ve been retaliated against, contact Castronovo & McKinney, Retaliation Lawyers today for a consultation. Let us help you navigate your legal options and protect your future.
