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What to Do If You Are a Victim of Retaliation?
Experiencing workplace retaliation can be daunting and stressful. However, there are steps you can take to protect your rights and seek justice. Here’s a comprehensive guide on what to do if you believe you are a victim of retaliation at work:
Document Everything
Keep detailed records of all incidents of retaliation. Include the following information:
- Dates and Times: Note when each incident occurred.
- Descriptions: Provide a clear and detailed account of what happened.
- Witnesses: Record the names of any witnesses to the incidents.
- Communications: Save emails, messages, or any written communication related to the retaliation.
Report the Retaliation
Inform your employer about the retaliation through the appropriate channels:
- Human Resources (HR): File a formal complaint with your HR department.
- Supervisor or Manager: Notify your immediate supervisor or another manager if HR is not available.
- Internal Policies: Follow any specific internal procedures your company has in place for reporting retaliation.
Seek Legal Advice
Consulting with an experienced employment lawyer is crucial. They can:
- Evaluate Your Case: Assess the details of your situation to determine if you have a valid retaliation claim.
- Provide Legal Guidance: Explain your rights and the legal protections available to you.
- Represent You: Assist in filing complaints with external agencies or represent you in legal proceedings.
File a Complaint with External Agencies
If internal reporting does not resolve the issue, you can file a complaint with external agencies such as:
- Equal Employment Opportunity Commission (EEOC): File a complaint with the EEOC if the retaliation is related to discrimination or harassment.
- State Agencies: Contact your state’s labor or human rights department to file a complaint.
Understand Your Rights
Familiarize yourself with the legal protections against retaliation:
- Federal Laws: Title VII of the Civil Rights Act, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and Family and Medical Leave Act (FMLA).
- State Laws: New Jersey’s Law Against Discrimination (LAD) and other state-specific protections.
Take Care of Your Well-being
Experiencing retaliation can be emotionally and mentally draining. It’s essential to:
- Seek Support: Talk to trusted friends, family members, or colleagues.
- Consider Counseling: Professional counseling or therapy can help you cope with stress and anxiety.
- Know Your Worth: Remember that retaliation is illegal, and you have the right to a fair and respectful workplace.
Workplace Retaliation Examples in New Jersey
Workplace retaliation can take many forms, and it occurs when an employer punishes an employee for engaging in legally protected activities. Here are some common examples of workplace retaliation that employees in New Jersey might experience:
Termination or Demotion
- Firing an Employee: An employee is terminated shortly after filing a complaint about workplace discrimination or harassment.
- Demoting an Employee: An employee is demoted to a lower position or given less desirable job duties after participating in an investigation against the employer.
Pay Reduction or Loss of Benefits
- Pay Cuts: An employee receives a pay cut after reporting unsafe working conditions to OSHA.
- Loss of Benefits: An employer reduces or eliminates health benefits after an employee requests reasonable accommodations for a disability.
Unjust Performance Reviews
- Negative Evaluations: An employee who previously had excellent performance reviews starts receiving negative evaluations after complaining about wage violations.
- Unfair Criticism: An employee is unfairly criticized or held to higher standards than colleagues following a complaint about discrimination.
Hostile Work Environment
- Increased Scrutiny: An employee faces increased scrutiny or micromanagement after reporting harassment.
- Isolation: An employee is excluded from important meetings or social events as retaliation for filing a discrimination complaint.
Changes in Job Assignments
- Unfavorable Reassignment: An employee is reassigned to a less desirable position or location after blowing the whistle on illegal activities within the company.
- Shift Changes: An employer changes an employee’s work hours to inconvenient times after they request FMLA leave.
Denial of Promotion
- Promotion Denied: An employee is denied a promotion they are qualified for after testifying in a coworker’s discrimination case.
- Career Stagnation: An employee’s career advancement is halted because they participated in a union organizing activity.
Disciplinary Action
- Unwarranted Write-Ups: An employee receives unwarranted disciplinary write-ups after complaining about gender discrimination.
- Suspensions: An employee is unjustly suspended from work after raising concerns about safety violations.
Threats and Intimidation
- Verbal Threats: An employer threatens to fire or sue an employee if they don’t withdraw a complaint filed with the EEOC.
- Physical Intimidation: An employee experiences threatening behavior or physical intimidation after reporting fraud within the company.
Refusal to Rehire
- Refusal to Rehire: An employee who left the company due to harassment and later applied for reemployment is refused rehiring as retaliation for their previous complaints.
- Blacklisting: An employer spreads false information about an employee to other employers in the industry, making it difficult for them to find new employment.
Employees who suffer retaliation from their employer may be entitled to various forms of financial compensation. These compensations are designed to address the damages and losses incurred due to the retaliatory actions. Here are the main types of financial compensation available:
Back Pay
- Lost Wages: Compensation for the wages an employee would have earned from the time of the retaliatory action until the resolution of the case.
- Lost Benefits: Compensation for lost benefits, such as health insurance, retirement contributions, and other employment perks.
Front Pay
- Future Earnings: Compensation for future lost wages if reinstatement to the employee’s former position is not feasible.
- Loss of Future Benefits: Compensation for the value of benefits that the employee would have received had they remained employed.
Compensatory Damages
- Emotional Distress: Compensation for the mental anguish and emotional suffering caused by the retaliation.
- Medical Expenses: Reimbursement for medical treatments, therapy, or counseling required due to the emotional impact of the retaliation.
- Out-of-Pocket Expenses: Reimbursement for any expenses directly related to the retaliation, such as job search costs or relocation expenses.
Punitive Damages
- Punishment for Employer: In cases where the employer’s conduct is particularly egregious, punitive damages may be awarded to punish the employer and deter similar behavior in the future.
Legal Fees and Costs
- Attorney Fees: Reimbursement for the legal fees incurred in pursuing the retaliation claim.
- Court Costs: Compensation for court filing fees, expert witness fees, and other related legal expenses.
Reinstatement
- Job Reinstatement: While not a financial compensation, reinstatement to the employee’s former position or a comparable one can be a significant remedy. This may also come with adjustments to ensure the employee is not placed back in a hostile environment.
Liquidated Damages
- Double Damages: In certain cases, such as violations of the Fair Labor Standards Act (FLSA), employees may be entitled to liquidated damages, which are typically equal to the amount of back pay owed, effectively doubling the compensation.
