Retaliation in the workplace can have a devastating impact on one’s self-esteem, not to mention the toll it can take on one’s financial stability. Although New Jersey is an at-will state, which means an employee can be terminated at any time for any reason, it does not mean that employers can ignore state and federal laws that prohibit employees from being bullied, sexually harassed, or forced to perform illegal acts. So, what do you do if you are faced with a situation where you believe you are being unfairly targeted or retaliated against? And more importantly, who can help you?
What Are Signs of Retaliation?
To delve further into work retaliation, it is important to note that it can take many forms and can range from aggressive to subtle. But there are some commonalities to look for, including:
- Demotion: Any attempt to reduce one’s salary, seniority privileges, or time-off perks.
- Micromanaging: Sudden attempts to have your work scrutinized by one or several people when this was not the previous protocol.
- Unfavorable performance reviews: When positive reviews suddenly turn negative, particularly after you reported an incident or expressed concern over a situation.
- Exclusion: If you are left out of meetings, training, or events that you were previously a part of.
- Bullying: If other co-workers are suddenly treating you unfavorably or in a hostile way.
How Can I Protect Myself?
If you believe you are the victim of retaliation, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). However, you must act quickly, as you have 180 days from the date of the retaliatory action to pursue a case. You can also file a complaint with your Human Resources department. Be sure to follow the company’s procedures and include as much detailed information as possible, including dates, times, individuals involved, and any written documentation associated with the incident.
If it is determined that you are the victim of retaliation, you may be eligible for compensation, including lost wages, emotional distress, and punitive damages. However, retaliation cases may not be as black and white as they seem. It is quite common for individuals accused of retaliation due to bullying, sexual harassment, or any other unbecoming act to either deny their actions or to dismiss the accusations by countering that an individual is lying or embellishing the facts. As for proving that demotions, pay cuts, and any other financial losses are the result of retaliation and not the product of budget cuts or some other logical explanation, it takes a case with solid facts and a legal professional with a long history in dealing with these types of cases to know how to navigate the roadblocks a company might try to throw out.
Get Answers to Your Work-Related Questions From a South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC
If workplace retaliation is taking a toll on you, talk to a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC about how to proceed in seeking justice. Call 856-235-7075 today or fill out the provided online contact form to schedule a free consultation. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.