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I’m Afraid My Employer Will Retaliate Against Me for Filing a Complaint

While it may seem prudent to put up with illegal situations at work, employees do not have to endure harassment or discrimination in the workplace out of fear of retaliation. Should an employee be fired after filing a complaint, remedies do exist under employment laws for illegal retaliation such as termination, negative evaluation or denial of promotion. Economic, emotional and punitive damages can be sought.

Some federal laws that provide protection from retaliation by employers include the following:

  • Civil Rights Act – Title VII
  • The Americans with Disabilities Act
  • The Fair Labor Standards Act
  • The Age Discrimination in Employment Act
  • The Equal Pay Act

Types of protected activities

You are protected from retaliatory firing or actions in the following situations:

  • When you disagree with the actions of your employer and you believe they are unlawful under a federal law. For example, if you inform your employer that you believe he or she is engaging in prohibited discrimination, you are protected from a retaliatory firing. Your belief that the practice is illegal must be in good faith and the manner you voice your complaint must be reasonable
  • When you take part in a proceeding, investigation, hearing, or lawsuit about possible illegal practices by your employer — such as filing a charge of discrimination or serving as a witness in an investigation or litigation — you are protected whether the underlying claim of discrimination or illegal activity is proven or not.

Contact a New Jersey employment lawyer to discuss workplace issues including retaliation by employers and workplace harassment.

Neil H. Deutsch On G+

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt
Partner

Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Partner

Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…

Carly Skarbnik Meredith Attorney Photo
Carly Skarbnik Meredith
Partner

Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…

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