How to Deal with Employer Retaliation After Filing a Workers Compensation Claim in New Jersey

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Employer retaliation occurs when an employer takes adverse actions against an employee who has engaged in legally protected activities, such as filing a workers’ compensation claim. In New Jersey, retaliation can manifest in various forms, including termination, demotion, reduction in pay, or hostile work environment. Understanding what constitutes retaliation is crucial for employees to protect their rights effectively.

Legal context in New Jersey provides robust protection for employees against retaliation. The New Jersey Workers’ Compensation Act ensures that workers who suffer job-related injuries or illnesses can receive compensation without fear of retribution. Despite these protections, some employers may still attempt to retaliate, making it essential for employees to be aware of their rights and the legal recourse available to them.

Recognizing the Signs of Retaliation

Recognizing the signs of retaliation is the first step in addressing the issue. Common tactics used by employers include:

• Sudden negative performance reviews
• Unwarranted disciplinary actions
• Exclusion from meetings or projects
• Changes in job duties or work hours. 

These actions can create a hostile work environment, making it difficult for the employee to continue working.

Documenting these incidents is crucial. Employees should keep a detailed record of any adverse actions taken by their employer, including dates, times, and descriptions of events. Additionally, maintaining copies of performance reviews, emails, and other relevant documents can help build a strong case if legal action becomes necessary.

Your Legal Rights and Protections

In New Jersey, employees are protected from retaliation under several laws. The New Jersey Workers’ Compensation Act explicitly prohibits employers from retaliating against employees who file a workers’ compensation claim. Additionally, the New Jersey Law Against Discrimination (NJLAD) provides further protection against workplace retaliation.

Federal laws, such as the Occupational Safety and Health Act (OSHA) and the Americans with Disabilities Act (ADA), also offer protections. These laws ensure that employees can report unsafe working conditions and receive reasonable accommodations without fear of retaliation. Understanding these protections can empower employees to stand up against unfair treatment.

Steps to Take if You Experience Retaliation

If you suspect that you are a victim of employer retaliation, it is essential to take immediate action. 

Report the Retaliation

First, report the retaliation to your company’s human resources department or a higher-level manager. This step creates an official record of your complaint and shows that you are attempting to resolve the issue internally.

Gather Evidence

Gathering evidence is crucial. Document all incidents of retaliation, including any witnesses who can corroborate your account. Keep copies of all correspondence related to your workers’ compensation claim and any retaliatory actions. This documentation will be invaluable if you need to pursue legal action.

File a Complaint

Next, consider filing a complaint with the New Jersey Division of Workers’ Compensation or the Equal Employment Opportunity Commission (EEOC). These agencies can investigate your claim and provide legal assistance. Consulting with an experienced employment attorney can also help you navigate the complexities of your case and ensure that your rights are protected.

How The Epstein Law Firm Can Help You

The Epstein Law Firm specializes in employment law and has extensive experience in handling cases of employer retaliation. Our team of dedicated attorneys understands the intricacies of New Jersey’s legal system and is committed to protecting the rights of workers who have filed workers’ compensation claims.

We offer a range of services, including legal consultation, representation in negotiations and court proceedings, and assistance with filing complaints with relevant agencies. Our attorneys work tirelessly to build a strong case on your behalf, ensuring that you receive the compensation and justice you deserve.

Contact The Epstein Law Firm Today

Employer retaliation following a workers’ compensation claim can be a daunting challenge, but understanding your rights and taking proactive steps can help you protect yourself. Recognizing the signs of retaliation, documenting incidents, and seeking legal assistance are crucial steps in addressing the issue.

The Epstein Law Firm is here to support you every step of the way. With our expertise and dedication, we can help you navigate the complexities of your case and ensure that your rights are upheld. If you are experiencing employer retaliation, don’t hesitate to contact The Epstein Law Firm for a consultation and take the first step towards securing the justice you deserve.  Contact us today at 201-231-7847 or schedule a consultation online to learn more.