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Laws That Prevent Your Employer from Retaliating If You File a Claim

Employees often keep quiet when they are being harassed or when they observe illegal activity in the workplace because they have a strong fear of being fired or harassed in retaliation for their actions. However, it is important for employees to note that protections do exist for those who expose illegal activities such as harassment or criminal activity in the workplace.

Some laws that protect workers

Federal laws that protect you from retaliation by your employer include the following:

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

The laws against retaliation provide protection to both current and former employees.

In addition to the foregoing federal laws, New Jersey has a law called the Conscientious Employee Protection Act (CEPA) that prohibits retaliatory action by an employer for many types of actions including disclosing violations of law, fraud, or criminal activity of the employer, or for participating in an investigation, hearing or inquiry into any illegal activity. Employees who object to or refuse to participate in any activity they believe is illegal, fraudulent, or criminal, or that compromises the public health, safety, welfare, or protection of the environment are protected under CEPA.

A skilled attorney who handles retaliatory and whistleblowing cases on a regular basis can help you resolve any issues that arise out of enforcement of your rights.

 

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

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 & Kleinfeldt, 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…

Diane  Englander  Peyser Attorney Photo
Diane Englander Peyser
Attorney

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

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Attorney

About 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),…

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    I am extremely satisfied with my experience with Duetsch Atkins & Kleinfeldt law firm. Diane Peyser was always attentive with any questions or concerns I had during my case. I always felt like I was her number one priority when I needed her during t...

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