Search Site
Menu
25 Main Street, Suite 104 | Hackensack, New Jersey 07601
Call For Consultation 551-245-8894
What is Employer Retaliation?

As an employee, you are probably aware that there are laws preventing employers from discriminating against you based on race, creed, national origin, age, handicap, gender, sexual orientation or marital status. However, you may not realize that there are also laws that prevent your employer from punishing you for filing a complaint for discrimination, harassment or for participating in a whistleblower investigation.

Employer retaliation is the act of penalizing an employee for engaging in a lawfully protected behavior. Examples of employer retaliation include those listed below:

  • Being laid off or fired
  • Demotion
  • Being denied a raise
  • Not being transferred to a desired position
  • Being denied training
  • Other negative employment actions

Retaliation by an employer is prohibited when it is against an employee who complains internally or to an outside agency such as the Equal Employment Opportunity Commission about workplace discrimination. Additionally, as long as the complaint was made in good faith, it’s irrelevant if the claim was unfounded.

Conscientious Employee Protection Act

In the State of New Jersey, the statute that protects whistleblowers is known as the Conscientious Employee Protection Act, or CEPA. Under the Act, one of the provisions prohibits employers from retaliating against any employee who, “discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy, or practice of the employer or another employer, with whom there is a business relationship, that the employee reasonably believes is in violation of a law, or a rule or regulation issued under the law, or, in the case of an employee who is a licensed or certified health care professional, reasonably believes constitutes improper quality of patient care.”

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Senior Partner

About 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…

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

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins, P.C. in March of 2015.  He primarily represents individuals in employment litigations 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 some of his clients, including a $525,000 jury verdict in a…

Diane  Englander  Peyser Attorney Photo
Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins, 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 Americans…

AWARDS & AFFILIATIONS
Reviews and Ratings
  • lawyers
    5.0/5.0

    No description provided

    Read more

    Partner

  • lawyers
    5.0/5.0

    No description provided

    Read more

    Partner

  • lawyers
    5.0/5.0

    No description provided

    Read more

    Partner

  • lawyers
    5.0/5.0

    No description provided

    Read more

    Sole Practitioner

  • lawyers
    4.4/5.0

    No description provided

    Read more

    Partner

See all reviews
Contact us

Quick Contact Form