When an employee reports concerns in the workplace, companies will often retaliate by making the work environment unbearable or punishing the employee for speaking up. This practice is illegal under the New Jersey Law Against Discrimination (NJLAD) and should not be tolerated. Workplace retaliation can take many forms, so recognizing workplace retaliation is the first step, and understanding your rights under the law is a critical next step.
What Are Some Examples of Workplace Rights?
Workplace rights relate to pay, leave, fair treatment, safe workplaces, and the right to unionize.
- Pay: wages, overtime, timely payments, and proper deductions
- Leave: temporary disability, family, and paid sick leave
- Fair treatment: protects against discrimination and harassment based on age, sex, religion and other protected characteristics
- Safe Workplace: proper training, maintained equipment, workwear, and safety protocols
- The right of workers to unionize and discuss the terms and conditions of their employment
What is the Law Protecting these Rights?
The New Jersey Law Against Discrimination “prohibits retaliation against a person for complaining about, reporting, or cooperating in an investigation of alleged discrimination or biased-based harassment, or otherwise exercising or attempting to exercise their rights under the law. For example, an employer cannot fire, demote, or otherwise penalize an employee for reporting sexual harassment to human resources.” Another New Jersey Law, the Conscientious Employee Protection Act (CEPA) or “Whistleblower Act,” offers protections when reporting dangerous working conditions or illegal activity in a company. If your situation doesn’t entirely fall under the NJLAD, you could find coverage under the CEPA.
Don’t Stay Silent!
Your job is your livelihood, and when retaliation happens to you, you should stand up against those who seek to mistreat you for speaking up. You know that what is happening to you is illegal, and it is the employer’s responsibility to be compliant with the laws. An experienced employment lawyer like Schall & Barasch can help you fully understand your rights, gather information for a solid case, and maximize your chances of a positive outcome like getting your job back or receiving compensation. Contact Schall & Barasch today to get started.
