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

By Thomas McKinney

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 health benefits too soon.  Defense lawyers have argued that so-called “post-employment retaliation” is not covered by the LAD because it is not a “term or condition of employment.”  But the New Jersey courts recently ruled that the LAD outlaws such post-termination retaliation.

March 24, 2010 – Paul Castronovo – Castronovo & McKinney – NJ Discrimination Lawyer

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.