Adverse Employment Action in New Jersey

An adverse employment action pursuant to New Jersey law is a discharge, suspension, failure to hire or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment. An adverse employment action is not limited to only a termination, demotion or salary reduction. A withdrawal of benefits formerly provided to an employee may, in some circumstances, constitute an adverse employment action. Also, a combination of relatively minor instances of negative behavior directed to an employee may reveal a pattern of retaliatory behavior and be considered an adverse employment action.

An adverse employment action is required whenver you allege discrimination, retaliation, CEPA whistle-blower claims and many other employment law claims in New Jersey. If you believe that you have suffered an adverse employment action and it is not listed above, please contact us and we can help advise you on whether what happened to you is an adverse employment action.

March 22, 2010 – Tom McKinney – Castronovo & McKinney