Contact Us

Get In Touch

Employment Retaliation For Protected Acts

Posted March 28, 2018

New Jersey is an at-will employment state. Meaning, your employer can fire you for almost any reason as long as you lack an employment contract or the termination is within bounds of the contract. However, that does not mean that you can be fired for a whistleblower lawsuit based on your skin color or sexual orientation.

Whistleblower Protection Program

The Whistleblower Protection Program, under the Occupational Safety and Health Administration (OSHA) prohibits employers from firing or retaliating against employees who have filed a whistleblower lawsuit or participated in an investigation. Although firing the employee may seem like the easiest way to make their problem go away to the employer; it is up to you to stand up for your rights as an employee who has taken the time, effort, and risk to file a lawsuit on behalf of the federal government.


Terminating an employee who has filed a discrimination or harassment lawsuit against their employer is unlawful. You can file a claim against your employer for discrimination or harassment, based on the following traits, and should have no fear of being retaliated against by losing your job or being demoted, according to the Office of the Attorney General:

  • Race;

  • Creed;

  • Color;

  • National origin;

  • Age if over 40;

  • Disability;

  • Sex;

  • Marital status;

  • Domestic partnership or civil union status;

  • Atypical hereditary cellular or blood trait;

  • Gender identity;

  • Sexual orientation; and

  • Religion

Fired for Filing a Workers’ Compensation Claim?

Another protected action is filing a workers’ compensation claim. Therefore; you cannot be terminated for getting hurt on the job or for reporting an injury or filing a claim. For instance, you may still be eligible for workers’ compensation benefits if you were injured. However, you still have the right to file a lawsuit against your employer as well.

Other Protected Actions

  • Speaking out for another discriminated against person:
  • Reporting an illegal action;
  • Resisting a sexual advance;
  • Participating in an investigation;
  • Making a request for any accommodation due to disability or religious beliefs; 
  • Talking to co-workers about salaries or wages due to potential wage discrimination.

A Red Bank Employment Attorney Can Help

Finally, if you have been wrongfully terminated or retaliated against for any reason, it is time to contact an attorney. An experienced employment litigator can determine whether your employer committed a wrongdoing. As well as, whether you have a case to pursue monetary damages or not.

Call Foss, San Filippo & Milne, LLC. at (732) 741-2525 today.