When Can You Sue Your New Jersey Employer for Retaliation?

New Jersey has comprehensive employment laws that protect workers from retaliation when they assert their legal rights or report unlawful conduct. These laws cover a range of workplace activities, explicitly prohibit employer retaliation, and give employees the right to sue if they face adverse actions for engaging in protected activities. 

Below are key New Jersey employment statutes with anti-retaliation provisions:

• New Jersey Law Against Discrimination — The NJLAD prohibits discrimination in employment based on protected characteristics such as race, religion, national origin, age, sex (including pregnancy), marital status, sexual orientation, gender identity, and disability, among others. The law also forbids retaliation against employees who file complaints of discrimination, assist in investigations, or otherwise oppose discriminatory practices.
• New Jersey Conscientious Employee Protection Act — CEPA is one of the strongest whistleblower laws in the nation. It makes it unlawful for employers to retaliate against employees who disclose, object to or refuse to participate in actions they reasonably believe are illegal or fraudulent, violate regulations, or are contrary to public policy. This includes reporting violations to supervisors, government agencies, or testifying in investigations.
• New Jersey Wage Payment Law — This law ensures workers receive their earned wages fully and on time. It also prohibits retaliation against employees who assert their wage rights, complain about wage violations or participate in investigations or hearings about wage issues. 
• New Jersey Family Leave Act — The NJFLA provides eligible employees the right to take up to 12 weeks of job-protected leave in a 24-month period to care for a seriously ill relative or after childbirth or adoption. The law prohibits retaliation for requesting or taking family leave or for otherwise exercising their rights under the NJFLA.
• New Jersey Earned Sick Leave Law — This law gives employees the right to accrue, use and request paid sick leave for their own health conditions or those of family members. Employers cannot retaliate against employees who file complaints to assert their rights under the law. 
• New Jersey False Claims Act — The False Claims Act allows individuals (“qui tam” relators) to report fraud against government funds or programs. It is illegal for employers to retaliate against workers who lawfully report or help investigate fraud under this Act. Retaliation might include discharge, demotion, or harassment.

Under these laws, protected activities include actions like reporting discrimination or wage violations, requesting leave or accommodation, participating in investigations, or refusing to participate in illegal activities. Adverse actions may include termination, demotion, pay cuts, negative performance reviews, unfavorable transfers, or increased scrutiny after engaging in protected activities. Employees who experience such retaliation can file complaints with state agencies or pursue lawsuits in state court.

The chances of success in a retaliation claim are improved significantly by retaining an experienced New Jersey employment attorney. Employees who prevail in their claims may be entitled to reinstatement to their job, back pay for lost wages and benefits, compensation for emotional distress, attorneys’ fees, and court costs. Some laws, like CEPA and LAD, also allow for punitive damages and injunctive relief to require employers to stop unlawful practices.

If you are a New Jersey worker and feel you have been retaliated against for exercising your rights, Deutsch Atkins & Kleinfeldt in Hackensack is here to help. Contact us online or call us at 551-245-8894 to schedule a consultation at our office.