Castronovo & McKinney, LLC represents employees in Somers Point, NJ who have experienced workplace retaliation, discrimination, or other unlawful treatment by their employers. New Jersey law protects workers who report misconduct, fraud, unsafe working conditions, harassment, discrimination, or other illegal workplace activity.
The New Jersey Conscientious Employee Protection Act (CEPA) protects employees from retaliation after reporting unlawful or unethical conduct. Although New Jersey follows an “at-will” employment system, employers cannot fire, demote, discipline, or otherwise punish workers for reporting violations of the law or refusing to participate in illegal activity. These protections allow employees in Somers Point to raise concerns without risking their careers.
Understanding Workplace Retaliation
Workplace retaliation happens when an employer takes negative action against an employee for reporting misconduct, participating in an investigation, requesting protected leave, filing a workers’ compensation claim, or opposing discrimination or harassment. Retaliation is illegal under both New Jersey and federal law.
Common Forms of Retaliation
Retaliation can take many forms, including:
- Termination or wrongful discharge
- Demotion or reassignment
- Reduced pay or loss of benefits
- Unfavorable schedules or shifts
- Disciplinary action without justification
- Harassment or intimidation in the workplace
- Exclusion from promotions or advancement opportunities
Any adverse employment action tied to protected activity may support a retaliation claim.
Legal Protections for Employees in Somers Point
New Jersey employees are protected under several state and federal laws that prohibit retaliation and protect workers who exercise their legal rights.
Whistleblower Protections Under CEPA
CEPA protects employees who report workplace violations, object to unlawful conduct, participate in investigations, or refuse to engage in illegal practices. Workers who act in good faith are protected from employer retaliation, even if the employer disputes the claim.
Workers’ Compensation Retaliation
Employees injured on the job have the right to file for workers’ compensation benefits. Employers cannot retaliate against workers for filing a claim, seeking medical treatment, or using workers’ compensation coverage. Firing, demoting, or discriminating against an employee for exercising these rights may violate New Jersey law.
FMLA and NJFLA Leave Protections
The Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) allow eligible employees to take protected leave for medical conditions, childbirth, caregiving responsibilities, and certain family-related matters. Employees who take protected leave have the right to return to the same or a comparable position. Employers who punish employees for taking leave may be liable for retaliation.
Protection Against Discrimination Retaliation
The New Jersey Law Against Discrimination (LAD) prohibits employers from retaliating against workers who report discrimination, harassment, or hostile work environments. Employees are protected when they file complaints, participate in investigations, or oppose discriminatory conduct in the workplace.
Proving a Workplace Retaliation Claim
Retaliation claims often rely on circumstantial evidence. To pursue a claim, employees generally must show:
- They engaged in legally protected activity
- Their employer took adverse action against them
- A connection exists between the protected activity and the employer’s actions
In whistleblower and discrimination cases, employees must also show they reasonably believed the reported conduct violated the law or public policy.
Speak With an Experienced New Jersey Retaliation Attorney
Castronovo & McKinney, LLC represents employees in Somers Point, NJ facing workplace retaliation and unlawful employment actions. Our attorneys handle claims involving whistleblower retaliation, discrimination, wrongful termination, FMLA violations, workers’ compensation retaliation, and hostile work environments.
If your employer retaliated against you for exercising your legal rights or reporting misconduct, contact our legal team to discuss your situation and learn about your options under New Jersey employment law.