Practice Areas
Employer
Retaliation
New Jersey law protects employees from retaliation when they report illegal activity, file complaints, or exercise their workplace rights. If you faced punishment for doing the right thing, you have legal recourse.
Protected Activity
Reporting violations, filing complaints, or refusing illegal orders are all protected by law
Statute
6 years to file most retaliation claims in New Jersey courts
Fee
No fee unless we win — zero financial risk to pursue your claim
Damages
Lost wages, reinstatement, emotional distress, punitive damages, attorney fees
New Jersey's Conscientious Employee Protection Act (CEPA) is one of the nation's strongest whistleblower laws. It protects employees who report wrongdoing and prohibits employers from retaliating against workers who exercise their legal rights.
New Jersey's Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et seq., protects employees from retaliation when they disclose, object to, or refuse to participate in activities they reasonably believe violate laws, rules, or regulations. The law also protects workers who file complaints with government agencies, participate in investigations, or exercise rights under employment laws. CEPA applies to all employers in New Jersey and covers both public and private sector employees.
Compensation in retaliation cases typically includes back pay and front pay (lost wages past and future), reinstatement to your position, restoration of benefits and seniority, emotional distress damages, and punitive damages in cases of willful violations. New Jersey law also allows recovery of attorney fees and costs, meaning successful plaintiffs don't pay legal fees out of their award. In cases involving wrongful termination, damages can include the full value of lost compensation, benefits, and career advancement opportunities.
The biggest challenge in retaliation cases is proving the connection between your protected activity and the adverse employment action. Employers rarely admit to retaliation and often claim legitimate business reasons for their decisions. Timing is crucial — retaliation that occurs shortly after protected activity is easier to prove than actions taken months later. Documentation is key, so keeping records of your complaints, the employer's response, and any subsequent treatment is essential for building a strong case.
The Law
What you
need to know
01
Whistleblower Termination
You reported safety violations, fraud, or illegal activity to authorities and were subsequently fired or demoted. CEPA protects employees who blow the whistle on wrongdoing.
02
Harassment Complaint Retaliation
After filing a sexual harassment or discrimination complaint with HR or the EEOC, you faced negative performance reviews or hostile treatment. This constitutes illegal retaliation.
03
Workers' Comp Retaliation
Your employer fired you or reduced your hours after you filed a workers' compensation claim for a workplace injury. This violates New Jersey employment law.
04
Wage Complaint Punishment
You complained about unpaid overtime or wage violations and were terminated or had your hours cut. Employees have the right to report wage and hour violations without fear of retaliation.
05
Safety Refusal Retaliation
You refused to perform work you reasonably believed was unsafe or illegal, and your employer disciplined you. Workers cannot be punished for refusing dangerous or unlawful tasks.
06
Investigation Participation
You provided testimony or information in a workplace investigation or government inquiry and faced adverse treatment. Participating in investigations is protected activity under CEPA.
Cases we handle
Common scenarios
What to expect
How the
process works
Document the Retaliation
Keep detailed records of your protected activity, the employer's response, and any adverse actions taken against you. Save emails, performance reviews, and witness information. This documentation forms the foundation of your retaliation claim.
File Internal Complaints
If you haven't already, consider filing complaints through your employer's internal procedures or with relevant government agencies. This creates additional protected activity and strengthens your retaliation claim if the employer responds negatively.
Consult with Our Firm
Contact us as soon as possible after experiencing retaliation. We'll evaluate your case, advise you on preserving evidence, and help you understand your legal options. Early legal guidance can prevent costly mistakes and strengthen your position.
Investigation and Case Building
We thoroughly investigate your claim, gather evidence, interview witnesses, and build a comprehensive case. This includes analyzing your employment history, the timing of events, and the employer's stated reasons for their actions.
Settlement Negotiation or Litigation
We present your case to the employer and attempt to negotiate a fair settlement. If settlement isn't possible, we file suit in New Jersey court and pursue your case through trial. We prepare every case as if it will go before a jury.
Questions
Frequently
asked
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Protected activities include reporting violations of law to authorities, filing complaints with government agencies, refusing to participate in illegal activities, reporting safety hazards, filing workers' compensation claims, and participating in workplace investigations. Essentially, any good faith effort to report wrongdoing or exercise your legal rights is protected.
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Most retaliation claims under CEPA must be filed within six years of the retaliatory action. However, some specific types of retaliation (like discrimination-based retaliation) may have shorter deadlines. It's important to act quickly, as evidence can disappear and witnesses' memories fade over time.
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No, firing an employee for reporting illegal activities is illegal retaliation under New Jersey law. If you were terminated after making a good faith report of wrongdoing, you likely have a strong retaliation claim. The law specifically protects whistleblowers from this type of punishment.
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Employers often claim legitimate business reasons for their actions, but courts look at the timing, circumstances, and whether the stated reasons are credible. If the adverse action occurred shortly after your protected activity, or if the employer's reasons seem pretextual, you may still have a valid retaliation claim.
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You can recover lost wages (back pay and future earnings), reinstatement to your position, restoration of benefits, emotional distress damages, and punitive damages in cases of willful violations. New Jersey law also allows recovery of attorney fees, meaning you won't pay legal costs out of your award if you win.
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Nothing upfront. We handle retaliation cases on a contingency fee basis, meaning we only get paid if we recover compensation for you. The initial consultation is free, and there's no financial risk in pursuing your claim. New Jersey law often requires employers to pay attorney fees in successful retaliation cases.
Free Consultation
Facingretaliation?
Tell us what happened. We'll give you an honest assessment - no pressure, no obligation, and no fee unless we recover for you. We're available by phone or at our offices, and we're happy to meet you wherever is most convenient.
Call Us Directly
(973) 401-0064