Legal Versus Illegal Retaliation In New Jersey

We are contacted by many potential clients who believe they have a retaliation claim based on employer taking an adverse employment action due to them complaining about an internal procedure or a failure to follow policy. New Jersey's retaliation law only protects employees who suffer retaliation for complaining about a violation of law, public policy or other legal guidelines. Accordingly, … [Read more...]

Overtime Retaliation – Oral Complaints are Sufficient

On March 22, 2011, the United States Supreme Court ruled that an oral complaint by an employee of a violation of the federal wage and hour laws (knows as the Fair Labor Standards act “FLSA”) is sufficient to support a claim for retaliation in violation of the FLSA.  The FLSA prohibits retaliation for “filing a complaint” of a violation of the wage and hour laws.  The Supreme Court determined that … [Read more...]

NJ Discrimination and Retaliation Law – Easier to Prove Under Supreme Court Ruling

Company decisions on hiring and firing often are made by more than one person.  Many times, a lower-level manager influences the decision of a more senior manager.  In employment discrimination lawsuits, defendants frequently argue that the "ultimate decision-maker" was not motivated by discrimination even if a lower-level manager may have been.  Employees, on the other hand, argue that the … [Read more...]

Employment Retaliation – Facebook Retaliation is Illegal Union-Busting Says National Labor Board

A company that fired a unionized employee, Dawnmarie Souza, after she posted negative remarks about her boss on Facebook settled a complaint last week brought by the National Labor Relations Board (NLRB).  The case focused on how much freedom employees enjoy when posting comments about employment issues from their home computers on the Internet. The NLRB alleged the firing was illegal because … [Read more...]

NJ Retaliation Lawyer – Can You Sue If You’re Fired in Retaliation for Something Done by a Family Member?

Eric Thompson claimed he was fired because his fiancé filed a charge of discrimination with the Equal Employment Opportunity Commission. The United States Supreme Court unanimously held that if Thompson’s allegations proved true, then firing him was illegal retaliation under federal laws banning discrimination in the workplace.  See Thompson v. North American Stainless (January 24, 2011).   The … [Read more...]

Victim of Employment Discrimination, Harassment or Retaliation – What Not to Do

A good employment law case in New Jersey (NJ) can quickly become a bad case due to certain mistakes made after the discrimination, harassment or retaliation occurred.  You should avoid the following 3 things in order to maintain your employment case in New Jersey: 1. Don’t Quit Your Job Before Your Speak With An Employment Lawyer. Contact an employment law attorney before you quit your job.  … [Read more...]

NJ Employment Law – Retaliation Claims

NJ Retaliation Lawyer - Retaliation Lawyer in New Jersey An employee in a retaliation lawsuit in NJ must show the following in order to win the case: The employee (a) opposed or complained harassment, discrimination or any other act that is protected by NJ’s Law Against Discrimination; or (b) filed a complaint alleging a violation of NJ’s Law Against Discrimination; or (c) the assisted as a … [Read more...]

What Is a Harassment, Discrimination or Retaliation Case Worth?

Predictably, the answer is: it depends.  But there are some guidelines.  Broadly speaking, every harassment, discrimination, or retaliation case in New Jersey has three components of recovery: compensatory damages, punitive damages, and attorneys' fees.  Compensatory damages are designed to pay a plaintiff for her loss.  This includes lost pay and emotional suffering.  Lost pay is fairly easy to … [Read more...]

You Can Sue for Your Employer’s Retaliation After It Fired You

The New Jersey Law Against Discrimination (LAD) outlaws an employer's reprisal against any employee who seeks protection under it, such as by filing a lawsuit for discrimination/harassment, reporting harassment, or cooperating in an investigation of harassment.  The anti-reprisal protections of the LAD also apply to retaliation that happens after an employee is fired -- such as by cancelling … [Read more...]

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 … [Read more...]

New Jersey Sexual Harassment and Retaliation Lawsuit Settlement Against County Must be Made Public

In Asbury Park Press v. County of Monmouth, the Supreme Court of New Jersey ruled that the County's settlement of a sexual harassment and retaliation lawsuit must be made available to the public despite the agreement of the parties to keep it confidential.  The Open Public Records Act specifically exempts sexual harassment complaints as being a confidential government record.  Moreover, the court … [Read more...]