Castronovo & McKinney, LLC offers expert legal services in Berkeley Heights, NJ, with a focus on defending employees who face discrimination or retaliation at work. New Jersey law provides strong protections for workers who report unethical or illegal practices in the workplace, safeguarding them from punitive actions by their employers.
Under the Conscientious Employee Protection Act (CEPA), employees are protected from retaliation after reporting misconduct, fraud, or violations of the law. While New Jersey follows an “at-will” employment doctrine that gives employers considerable discretion in hiring and firing, the CEPA ensures employees are not penalized for raising concerns about wrongdoing.
Understanding Workplace Retaliation
Workplace retaliation occurs when an employer punishes an employee for reporting or opposing unethical or illegal practices. This can include actions like demotion, termination, or other adverse employment measures. New Jersey law protects employees from retaliation for whistleblowing or for taking legal action to address issues such as fraud, safety violations, or discrimination.
Common Forms of Workplace Retaliation
Retaliation can take many forms, including:
- Demotion
- Unfavorable work hours or shifts
- Salary reductions
- Withholding of benefits
If an employee faces any of these actions after reporting misconduct, it may indicate illegal retaliation.
Legal Protections in Berkeley Heights
The CEPA is a critical tool for maintaining fairness in the workplace, ensuring employees can report unethical or illegal behavior without fear of losing their jobs or facing other forms of punishment. It provides legal remedies for those who face retaliation for whistleblowing.
Whistleblower Protection
Employees who report misconduct or testify against their employers are considered whistleblowers under New Jersey law. Whistleblowers are entitled to protection from retaliation, including termination, demotion, or other punitive actions for refusing to participate in illegal or unethical activities.
Worker’s Compensation Protections
Employees in Berkeley Heights who file for worker’s compensation after a workplace injury are protected by CEPA. Employers cannot retaliate against employees for filing a claim, including through firing, demotion, or discrimination.
FMLA and NJFLA Rights
Both federal and state laws (FMLA and NJFLA) provide employees with up to 12 weeks of unpaid leave for personal or family-related reasons. Employees also have the right to return to their original job or an equivalent position after their leave. If an employer takes adverse action against an employee for exercising these rights, it is considered illegal retaliation.
LAD Protections
The New Jersey Law Against Discrimination (LAD) offers protection to employees who report discrimination or refuse to participate in discriminatory practices. Employees who take such actions cannot be punished or retaliated against under state law.
Proving Workplace Retaliation
To prove a retaliation case, employees must show three things:
- They engaged in a protected activity (e.g., reporting discrimination, filing for worker’s compensation, or using FMLA leave)
- They experienced an adverse employment action (e.g., being fired or demoted)
- There is a clear connection between the protected activity and the adverse action
In whistleblower or LAD cases, employees must also demonstrate that they had a good faith belief that the actions they reported were illegal or unethical.
Contact Our Experienced New Jersey Retaliation Attorneys
If you have experienced workplace retaliation in Berkeley Heights, NJ, the legal team at Castronovo & McKinney is here to help. Our attorneys specialize in retaliation claims and are committed to defending your rights. We provide personalized legal guidance, ensuring that your interests are our top priority. Reach out to us today to discuss your case and take the first step in protecting your rights.