Employer Retaliation Attorney in New Jersey, New Jersey
What is required to win a LAD (New Jersey Law Against Discrimination) Retaliation lawsuit?
What is required to win a LAD (New Jersey Law Against Discrimination) Retaliation lawsuit?
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so often when people ask me what do I
need to win a particular type of uh
employment case I’m going to give them
the standard lawyer answer which is it
depends right but with retaliation cases
I have a very different answer because
with
retaliation cases There has to be some
protected conduct by the employee so the
employees complaining about disclosing
objecting to refusing to participate in
conduct that they believe is illegal or
they’re uh complaining about
discrimination or workplace
retaliation so that has to happen first
and then there has to be some
retaliation against the employee so
retaliation takes the form of some
action that is unfavorable to the
employee and in employer words we call
that adverse action and when you can
establish the chronology like that
there’s some action by the employee uh
protected action so complaining about
discrimination or harassment or
retaliation followed by an adverse
action this retaliation that comes after
it that’s how you establish a chronology
for a successful retaliation claim the
closer in time the protected conduct the
complaining about discrimination
retaliation or harassment to the adverse
action the retaliatory action the closer
those two are often the better because
it really shows that that action was
taken in retaliation for that uh
protection protected conduct that the
employee engaged in and when we look at
retaliation cases we find generally that
sometimes there are some members of
society so meaning jurors right that
don’t necessarily believe that
discrimination still exists in
workplaces or or don’t believe that it
goes on without being uh remedied or
fixed
however jurors generally understand that
if an employee says to an employer “Hey
you can’t do that or what you’re doing
is wrong,” that an employer that
employers don’t like that and they’re
going to come after that employee and so
having that chronology is by far the
most important thing to establishing a
successful law against discrimination
retaliation case
Morristown, NJ employment law attorney Claudia Reis talks about what’s required to win a LAD (New Jersey Law Against Discrimination) Retaliation lawsuit.
