Phillips & Associates

New Jersey Retaliation

New Jersey Lawyers Handling Workers' Retaliation Claims

Many workers who face discrimination on the job are reluctant to complain or follow the grievance procedure prescribed by their employment handbook because they are worried that they may be punished for doing so.

Retaliation does happen. However, the federal anti-discrimination laws enforced by the Equal Employment Opportunity Commission (EEOC) as well as the New Jersey Law Against Discrimination (NJLAD) include prohibitions against retaliation.

If you are subject to retaliation for complaining about discrimination or assisting someone else who has reported discrimination, you may be able to retain a New Jersey retaliation lawyer to recover damages. At Phillips & Associates, our experienced employment discrimination lawyers can assist you in determining whether you have a legal claim for retaliation and, if so, helping you pursue that claim.

Federal and New Jersey Laws Prohibit Discrimination and Retaliation

Different laws protect membership in different classes. The New Jersey Law Against Discrimination specifies that protected classes in the state include nationality, color, race, creed, marital status, family status, sexual orientation, age, ancestry, and gender identity or expression.

  • Title VII, which applies to employers who have at least 15 employees, protects race, national origin, color, sex, and religion.
  • The Americans with Disabilities Act (ADA) protects those with disabilities.
  • The Age Discrimination in Employment Act (ADEA) protects those workers who are age 40 and up.
Protection for Good Faith Complaints

In addition to prohibiting discrimination and harassment, these laws also prohibit retaliation, so that employees do not fear that they will be demoted, terminated or otherwise subject to adverse actions, simply for bringing good faith complaints against their employer. The EEOC has reported that nearly half of the complaints filed in 2013 were actually retaliation complaints, and that retaliation is the most frequently claimed form of discrimination in the federal sector since 2008. Sometimes the original claim of discrimination fails, but the employee is still able to establish unlawful retaliation with the assistance of a retaliation attorney in New Jersey.

If you are subject to retaliation for filing an internal grievance, you will need to establish that you are a member of a protected class, that you were subject to an adverse action by your employer due to your membership and that you filed the internal grievance reasonably and in good faith relating to your protected class.

Suppose for example your supervisor touches you inappropriately at what you believe is a work-sponsored event. You complain to HR, but nobody responds in a timely manner to your complaint, and then your supervisor fires you for complaining. You may be able to establish retaliation. Even if it turns out that the inappropriate touching did not take place at a work environment, or is not considered severe enough to count as sexual harassment, you still should not have been retaliated against for filing a complaint with HR.

Employers’ Defenses to Retaliation Claims

Employers can defend against retaliation claims if they can show that they would have taken the adverse action against you regardless of your grievance. Suppose, for example, you file a charge of pregnancy discrimination with the EEOC, and get a notice of layoffs. It may appear to you to be retaliation. However, if the company can prove that several months prior to your complaint the company decided to eliminate a particular product line, and your position was genuinely no longer necessary, it will be harder to establish retaliation.

Consult Skilled Retaliation Lawyers in New Jersey

Timing, verbal or written statements, falsity of the reason given for an adverse employment action, an other factors may be used to evaluate your retaliation claim. The New Jersey retaliation attorneys of Phillips & Associates may be able to help you recover damages. Contact us at (609) 436-9087 or through our online system. We help clients in Passaic, Bergen, Morris, Essex, Union, Middlesex, Monmouth, Mercer, Hudson, Somerset, Burlington, and Camden Counties.

100 Overlook Center, 2nd Floor
Princeton, NJ 08540
Tel: 609-436-9087

Managing Partner in New Jersey - Bryan Arce

Client Reviews
I was a client with this law firm. I can't stress enough how awesome and professional the people are here. Silvia & Erica made me feel so comfortable and welcome. I never had to guess anything. Anytime I call, emailed, or even texted. They were always there. If not they would get back to me as soon as possible. My case was not an easy situation for me but I tell you these guys made it seem like it was. I'm so glad that I use Phillip & Phillip. I thank you guys from the bottom of my heart. I am so grateful to have met such awesome, honest, and caring people. Thank you again. Djuana
I highly recommend Parisis (Gerry) Fillippatos with Phillips & Associates to represent you for employment related matters. He and his team were professional, attentive to every detail and brilliant at identifying the legal grounds to win the case. Parisis's communication and delivery were highly articulate and precise. He is personable and makes you feel comfortable in the maze of legal jargon. Finally, his confidence, perseverance and masterful negotiation skills deliver the win. Anonymous
I had an excellent experience with this team! Thanks, Marjorie, Brittany, and Candy for your great support and prompt answers to all my questions. I highly recommend this firm. This team works very hard and I am extremely happy with the results. Ana
They were articulate, compassionate, persistent, and they wrote superbly. I felt as if they were truly in my corner, and I have recommended them to others. Susan
Mr. Phillips' law firm is dedicated to providing excellent service. Your case is explained step by step. All questions and concerns are addressed promptly and accurately. I am extremely satisfied and highly recommend Mr. Phillips. Ingrit