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 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