The gavel

New York & New Jersey Work Retaliation Attorney

Representing NJ & NY employees who face retaliation for exercising their rights

Everyone who legally enters the workforce has rights that they can exercise in order to protect their livelihood and, sometimes, the safety of coworkers. In some cases, people need to dispute wage and hourly issues without fear of their employer saying “take it or leave it” and finding another person who will work under illegal terms. Other times, individuals are compelled to inform a governing body about unsafe working conditions or other illegal activities through whistleblowing. Sometimes, victims of discrimination have acted to hold offenders accountable for their actions and have been fired in response. State and federal laws have been drafted and implemented to protect those people. In New Jersey, New York, and all over the United States, employees are protected from retaliation for exercising their rights. If you have been the victim of retaliation, contact The Salvo Law Firm, P.C. to discuss your case.

Whistleblowers and retaliation

Those who have taken the selfless leap to help their fellow worker facing unsafe working conditions or hold their employer accountable for a countless variety of illegal actions are protected under state and federal laws. Whistleblowers act against their best interests for the betterment of their coworker, the work environment, or the business world as a whole. The Occupational Health and Safety Act (OSHA) and the OSHA whistleblower protection program prohibits employers from terminating, demoting, blacklisting, and acting adversely in a way that would affect the livelihood of a whistleblower. When faced with whistleblower retaliation, one should retain representation as soon as possible.

Wage and hour dispute retaliation

The federal government has implemented a nation-wide minimum wage mandate, with a few exceptions. As of January of 2015, the national minimum wage was $8.38. Those who work in the United States must be paid at least $8.38 in order to comply with the law. If your rights are being violated, you have the right to dispute your pay without being concerned that your employer will fire you in exchange for someone who will silently do the job under illegal terms. The same rules apply for the rate you are paid. It is law that you must be paid at least bi-weekly, with a few exceptions. Similarly, if you dispute this with your employer, you have the right to feel secure that your employer will not fire, demote, or blacklist you in retaliation for exercising your rights. Lastly, when people work more than 40 hours per week, they are entitled to overtime. Overtime is time and a half. If you are a $10 an hour employee and work more than 40 hours in a week, those extra hours will be compensated with an extra $5 per hour. If you are not being paid overtime and are not an exempt employee, it is against the law and your employer can be held accountable for their actions. If you dispute your overtime compensation, you have the right to feel secure in your job while exercising your rights.

Discrimination and retaliation

State and federal laws have been drafted and implemented in order to defend protected classes from discriminatory acts in the workplace. A protected class is a characteristic of a person that cannot be used to treat them differently. Some protected classes, according to state and federal laws, include:

  • Race
  • Gender
  • Disabilities
  • Religion
  • Sexual Orientation

The U.S. Equal Employment Opportunity Commission (EEOC), the New Jersey Law Against Discrimination (LAD), and the New York Division of Human Rights apply to discrimination in New Jersey and New York. When victims hold those offenders responsible for their actions, their employer may not retaliate against them for exercising their rights. If you have been demoted, fired, denied job opportunities, or subjected to other adverse actions in response to filing a discrimination claim, contact The Salvo Law Firm, P.C. today.

Contact an Essex County firm to protect your interests

The Salvo Law Firm, P.C. serves New York and New Jersey with quality legal services related to employment law. If you have been the victim of retaliation for exercising your rights, it is illegal and you should hold your employer accountable for their actions. With federal and state laws in place to defend your civil rights, The Salvo Law Firm, P.C. is ready to passionately represent your interests and use the law to seek justice. If you need legal advice, contact our firm. If you need someone to assess your case, guide you through your options, and diligently advocate on your behalf, you should contact The Salvo Law Firm, P.C.