Workplace retaliation is a serious violation of employee rights, often stemming from an employee’s attempt to report illegal or unethical practices. Retaliation can take many forms, from demotion to outright dismissal, and it creates a hostile environment that discourages employees from asserting their rights. Understanding what retaliation looks like and how to address it is crucial for protecting yourself and ensuring accountability.

What Is Workplace Retaliation?

Retaliation occurs when an employer punishes an employee for engaging in legally protected activities, such as:

• Filing a complaint about discrimination, harassment, or wage violations.
• Reporting safety concerns or violations of workplace regulations.
• Requesting accommodations for a disability or religious practice.
• Participating in an investigation or legal proceeding against the employer.
• Taking legally protected leave under laws such as the Family and Medical Leave Act (FMLA).

Retaliatory actions may include termination, demotion, pay reduction, or subtle forms of harassment designed to force an employee to quit.

Examples of Retaliation

Retaliation isn’t always obvious and can sometimes be disguised as legitimate business actions. Examples include:

• Sudden negative performance reviews after reporting a workplace issue.
• Reassignment to less desirable tasks or positions without justification.
• Exclusion from important meetings or projects.
• Increased scrutiny or micromanagement by supervisors.
• Termination shortly after engaging in a protected activity.

If these actions follow your participation in protected activities, they may constitute retaliation.

Legal Protections Against Retaliation

Employees are protected from retaliation under several federal and state laws, including:

• Title VII of the Civil Rights Act: Prohibits retaliation against employees who file discrimination or harassment complaints.
• Family and Medical Leave Act (FMLA): Protects employees from being punished for taking legally protected leave.
• Americans with Disabilities Act (ADA): Protects employees who request disability accommodations.
• New Jersey Conscientious Employee Protection Act (CEPA): Shields whistleblowers who report illegal or unethical activities.

These laws ensure that employees can assert their rights without fear of retribution.

Steps to Take If You Experience Retaliation

If you suspect you’re a victim of workplace retaliation, taking these steps can strengthen your case:

1. Document Everything: Keep a detailed record of incidents, including dates, times, witnesses, and any correspondence with your employer.
2. Report the Retaliation: Follow your company’s policies for reporting retaliation, typically through HR or management.
3. File a Complaint: Submit a claim with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights.
4. Consult an Employment Lawyer: An attorney can evaluate your case, gather evidence, and help you pursue legal action to hold your employer accountable.

How Castronovo & McKinney Can Help

Castronovo & McKinney, LLC is dedicated to protecting employees who have faced retaliation. Our experienced attorneys can:

• Evaluate your situation to determine if you have a valid claim.
• Assist in filing complaints with federal or state agencies.
• Negotiate settlements to recover lost wages, emotional distress damages, and other compensation.
• Represent you in court to ensure justice is served and your rights are upheld.

With a proven track record of holding employers accountable, we are committed to advocating for employees’ rights.

Stand Up Against Retaliation

No employee should face retaliation for doing the right thing. If you believe you’ve been retaliated against, contact Castronovo & McKinney, Retaliation Attorneys today for a consultation. Let us help you protect your rights and pursue the justice you deserve.