New Jersey Retaliation Attorney Retaliation in the Workplace is Unlawful

New Jersey
Whistleblower Rights
Retaliation for Filing a
Workers’ Compensation Claim
New Jersey
Whistleblower Rights

The decision to be a whistleblower is not an easy one. A whistleblower is someone who reports wrongdoing in the workplace. In New Jersey, the Conscientious Employee Protection Act (“CEPA”), protects a whistleblowing employee from retaliation by their employer. Employers are forbidden to retaliate against an employee when the employee reports unlawful conduct on the part of the employer.

Under CEPA, an employee cannot be terminated, denied employment, or denied advancement due to his or her attempts to report illegal or improper conduct by his or her employer or co-workers. This prohibition not only covers reports to government agencies, but reports of illegal activity to supervisors and refusals to go along with illegal activities of fellow employees and/or supervisors.

There are two main components to a retaliation claim. First, the employee must have  engaged in protected activity, such as complaining about perceived safety violations. Second, he or she must have suffered some sort of adverse employment action because of the whistleblowing activity, such as termination, demotion, or transfer to a less desirable job.

Contact Ms. Trabosh if your employer has retaliated against you because you engaged in whistleblowing activity.

Retaliation for Filing a
Workers’ Compensation Claim

The New Jersey Workers’ Compensation Act guarantees medical benefits to employees who suffer a workplace injury - regardless of fault. Under the Act, employees are entitled to receive compensation for medical expenses, lost time from work, and permanent injury.

It is unlawful for an employer to retaliate against an employee who files or intends to file a workers’ compensation claim for an injury suffered on the job. An employee who believes he or she was retaliated against for filing a workers’ compensation claim (or attempting to file a claim) can bring a lawsuit in Superior Court. The employee must generally be able to show that the retaliation was related to a protected activity. This can be accomplished by proving that the employer knew of the workplace injury or the employee’s workers’ compensation claim, and fired the employee soon after.

Contact Ms. Trabosh if you have suffered retaliation because you suffered a workplace injury.

You Need Proper Representation

Ms. Trabosh offers a free case evaluation so that you can make an informed decision with regard to your legal action. Please call her today at (856) 874-9090 or contact her online to arrange a free consultation.