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Mount Laurel Employment Law Blog

What is workplace retaliation?

On behalf of The Law Office of Leo B. Dubler, III, LLC on Tuesday, May 14, 2019.

As an employee, you have the right to speak up when you see or experience discrimination, harassment or other illegal activity in your workplace. Unfortunately, there is a chance that your employer might retaliate.

Workplace retaliation occurs when an employer takes negative action against an employee for his or her involvement in an activity that is protected by state or federal law. Workplace retaliation is not legal. However, many employees are not aware of the protections they have after being involved in qualifying activities.

Understand the updates to New Jersey’s Family Leave Act

On behalf of The Law Office of Leo B. Dubler, III, LLC on Friday, May 10, 2019.

Life changes most certainly happen. Whether it’s welcoming a new child into the family – or needing to care for a sick family member – there are certainly times when your family needs to come first.

Recently, Governor Phil Murphy signed into law some rather significant changes to the New Jersey Family Leave Act. It is important for you to understand what these changes mean and to take legal action if your employer is failing to follow the law.

Industries where whistleblowers are most common

On behalf of The Law Office of Leo B. Dubler, III, LLC posted in whistleblower/qui tam claims on Tuesday, February 5, 2019.

Encountering wrongdoing or fraudulent practices in the workplace can happen in any industry and with many types of companies. When there is a way to cut corners or do illegal acts to save money, make money or help the bottom line, there are people and companies willing to take the chance. However, there are some industries where whistleblowers may have more opportunities to call out improper acts. 

Steps to take if you observe wrongdoing or misconduct at work

On behalf of The Law Office of Leo B. Dubler, III, LLC posted in sexual harassment on Monday, December 24, 2018.

It is a scenario that has become all too common in workplaces across the whole world. You are dedicated worker, loyal to your duties and your employer, then you witness wrongdoing within the company. This can easily cause you stress as you wonder if you should speak up about what you know, and more importantly, how you should go about speaking up.

The good news is there are ways to feel at ease and reduce any risks of speaking up. Having a plan of what you will do in this situation can allow you less stress and the confidence to know you are doing the right thing.

Workplace retaliation claims are on the rise

On behalf of The Law Office of Leo B. Dubler, III, LLC posted in retaliation or discrimination on Thursday, November 29, 2018.

Reports of workplace retaliation have been climbing - in 1997, such claims made up 22 percent of all workplace discrimination claims; in 2017, they made up nearly 45 percent of the claims. In New Jersey, the 2017 figure was 38 percent.

Retaliation is any adverse action that occurs after an employee has filed a complaint against the company for harassment or discrimination. While overt retaliation is obvious and can include demotions, negative reviews, reassignments, pay reductions or termination of employment, there are subtle yet actionable forms of retaliation as well.

How to tell if you are being sexually harassed at work

On behalf of The Law Office of Leo B. Dubler, III, LLC posted in sexual harassment on Wednesday, October 24, 2018.

Sexual harassment is a serious matter that should not be taken lightly. If someone is harassing you at work you should not hesitate to seek help. Unfortunately, sometimes sexual harassment is not clear-cut or black and white. Sometimes people might not realize the actions or words a coworker is using that are making them uncomfortable actually qualify as sexual harassment.

Sexual harassment encompasses many different unwanted actions and behaviors. It is not limited to aggressive physical advancements and it is not only committed by supervisors and bosses. Anyone can be a victim or a perpetrator of sexual harassment in the workplace.

When is whistleblowing illegal?

On behalf of The Law Office of Leo B. Dubler, III, LLC posted in whistleblower/qui tam claims on Monday, September 24, 2018.

For the most part, the U.S. is known for freedom of speech. Unfortunately, in the past, some employees have not experienced such privileges. Whistleblowing, the act of exposing illegal or unethical behavior, can land someone in a lot of trouble. Often, employees would face retaliation and lose their jobs. Now, federal and state laws protect a person's rights to disclose corrupt activity.

What to do when you experience sexual harassment at work

On behalf of The Law Office of Leo B. Dubler, III, LLC posted in sexual harassment on Friday, August 24, 2018.

There has certainly been a lot of talk lately about sexual harassment. While there has been a lot of talk about it, it may not be as clear how to handle it if it happens to you while at work.

A recent survey found that 81 percent of women and 43 percent of men said they experienced sexual harassment during their lifetime. Thirty-eight percent of women revealed that the sexual harassment they experienced was at work. Even though there is not a federal law that requires workplace victims to report an instance they believe is sexual harassment, it doesn't mean they shouldn't. If you are not sure what to do when confronted with sexual harassment at work, here is a guide for what you can do.

As number of whisteblowers grow, so does the retaliation

On behalf of The Law Office of Leo B. Dubler, III, LLC posted in whistleblower/qui tam claims on Friday, August 17, 2018.

Whistleblowing is not an easy stance to take. Employees need to muster a lot of courage to come forward and point out wrongdoings at their workplace. The good news, the amount of people coming forward to report misconduct is increasing. But the bad news, the rate at which companies are retaliating against those whistleblowing employees is also increasing.

A recent survey showed that even though there are less incidents of misconduct being reported, the whistleblowers who are coming forward are doing so in greater numbers. Workers are most likely coming forward not only because it is the right thing to do, but they feel they can get help and be protected. In New Jersey, the Conscientious Employee Protection Act is a law that protects employees from retaliatory action against them from an employer.

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