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Your Rights: Protection from Employer Retaliation

Workers in New Jersey are protected by law from employer retaliation after filing for workers’ compensation. Retaliation in the workplace can create unnecessary stress and uncertainty for employees, making it essential for workers to know their rights and the legal steps they can take. This article will explore employer retaliation, workers’ compensation protections in New Jersey, and how employees can safeguard themselves and take action if retaliation occurs.

What Is Employer Retaliation?

Employer retaliation occurs when an employer takes adverse action against an employee for exercising their legal rights. In the context of workers’ compensation, retaliation may happen after an employee files a workers’ compensation claim for an injury or illness sustained on the job. Examples of retaliation include:

• Termination: Being fired without legitimate cause.
• Demotion: Losing responsibilities or being reassigned to a lower-paying role.
• Pay Reduction: A decrease in wages or withholding of benefits.
• Hostile Work Environment: Increased hostility or harassment by supervisors or coworkers.
• Exclusion from Opportunities: Being denied promotions or work opportunities as a form of punishment.

What the Law Says About Employer Retaliation in NJ
New Jersey workers’ compensation laws explicitly protect employees from retaliation. It is illegal for an employer to fire, harass, or mistreat an employee solely because they filed a workers’ compensation claim. Employers found guilty of retaliation may face serious legal consequences.

 

Workers’ Compensation Protections in New Jersey

Workers in New Jersey have the right to file for workers’ compensation benefits without fear of retaliation. These benefits help cover medical expenses, lost wages, and rehabilitation costs associated with a work-related injury or illness.

Key Protections for Workers
Under New Jersey labor laws, workers are entitled to the following protections:

• The Right to File a Claim: Employees injured on the job can file a workers’ compensation claim without fear of punishment.
• Protection Against Retaliatory Actions: Employers cannot take adverse actions against employees for asserting their rights under workers’ compensation laws.
• Legal Remedies: Employees who experience retaliation can seek legal remedies to restore their rights and hold employers accountable.

 

What Qualifies as Retaliation?

Identifying retaliation can sometimes be difficult, as employers may attempt to disguise their actions as legitimate business decisions. Some actions that qualify as retaliation under New Jersey law include:

• Firing an employee shortly after they file a workers’ compensation claim.
• Sudden performance issues that were not previously noted.
• Exclusion from meetings or decisions related to the employee’s job responsibilities.
• Verbal threats or intimidation following the filing of a claim.

If you suspect retaliation, documenting these actions can provide valuable evidence when filing a claim or lawsuit.

 

How to File a Retaliation Complaint in New Jersey

Filing a retaliation complaint in New Jersey involves several steps. It’s important to act quickly and gather as much evidence as possible.

Steps to Take if You Experience Retaliation

1. Document the Retaliation: Keep records of all incidents, including dates, times, and descriptions of what occurred. Save emails, text messages, and any other communication that shows evidence of retaliation.
2. Consult Your HR Department: Report the issue to your human resources department to see if it can be resolved internally.
3. Seek Legal Advice: Speak with an experienced employment law attorney to understand your options and determine the best course of action.
4. File a Complaint: Submit a formal retaliation complaint to the New Jersey Division on Civil Rights (DCR) or the Department of Labor and Workforce Development.
5. Follow Through with Legal Action: If necessary, pursue legal action against your employer for damages, reinstatement, or other remedies.

 

Remedies for Workers Facing Retaliation

New Jersey law provides several remedies for workers who have been subjected to retaliation. These remedies aim to protect employees’ rights and ensure that they are compensated for the harm caused.

Legal Remedies Available
Employees who successfully prove employer retaliation may be entitled to:

• Reinstatement: Returning to their original position or role before retaliation occurred.
• Compensation for Lost Wages: Reimbursement for wages lost due to retaliation.
• Compensation for Emotional Distress: Damages for stress and emotional harm caused by retaliation.
• Legal Fees and Costs: Reimbursement for attorney fees and other legal expenses.

Penalties for Employers
Employers found guilty of retaliation may face penalties such as:

• Fines or monetary sanctions.
• Orders to pay back wages or workers’ compensation benefits.
• Injunctions to cease further retaliatory actions.

These penalties serve as a deterrent to prevent employers from mistreating employees who assert their rights.

 

Frequently Asked Questions About Employer Retaliation in NJ

Can I lose my job for filing workers’ comp in NJ?
No, it is illegal for employers in New Jersey to terminate employees solely for filing workers’ compensation claims.

What qualifies as retaliation in NJ workers’ comp law?
Retaliation includes any adverse action taken against an employee for exercising their legal rights, such as filing a workers’ compensation claim or reporting employer misconduct.

What steps should I take if my employer retaliates?
You should document the retaliation, report it to HR, consult an attorney, and file a formal complaint with the appropriate authorities.

Are there penalties for employer retaliation in workers’ comp cases?
Yes, employers may face fines, legal sanctions, and orders to pay compensation or reinstate wrongfully terminated employees.

How do I prove employer retaliation?
Proving retaliation requires evidence such as documented incidents, communication records, and witness testimony. Consulting a lawyer can help build a strong case.

 

Protecting Yourself from Retaliation

Employees can take several proactive steps to protect themselves from retaliation, including:

• Knowing their rights under NJ workers’ compensation laws.
• Keeping a detailed record of all interactions with their employer, especially after filing a workers’ comp claim.
• Seeking legal counsel immediately if retaliation is suspected.

 

Contact The Epstein Law Firm, P.A Today

If you believe you are experiencing retaliation after filing a workers’ compensation claim in New Jersey, don’t wait. Retaliation cases can be complex, and having a knowledgeable employment law attorney on your side is crucial. A lawyer can help you understand your rights, file a formal complaint, and pursue legal action to secure justice.

Your rights as a worker are protected under New Jersey law—take action today to protect yourself and ensure that justice is served. Contact The Epstein Law Firm, P.A. for a consultation and take the first step toward restoring your rights.