It takes courage to speak up when something isn’t right at work. Whether you’ve reported harassment, unsafe working conditions, or fraud, you may worry about how your employer will react. The good news is that federal and state laws protect you from retaliation after reporting workplace wrongdoing.
At Swartz Swidler, we help workers across New Jersey and Pennsylvania understand their rights and fight back when employers break the law. Here’s what you need to know about anti-retaliation protections.
What Counts as Workplace Wrongdoing?
Workplace wrongdoing includes any unlawful or unethical behavior. Common examples are:
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Discrimination or harassment based on race, gender, age, disability, or religion
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Wage theft or unpaid overtime
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Unsafe working conditions that violate OSHA standards
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Fraud, corruption, or corporate misconduct
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Retaliation itself — punishing someone for asserting their rights
If you report any of these issues in good faith, the law shields you from punishment.
What Is Retaliation Under Employment Law?
Retaliation occurs when an employer punishes you for engaging in a protected activity, such as reporting discrimination, filing a wage complaint, or blowing the whistle on fraud.
Examples of retaliation include:
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Termination or forced resignation
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Demotion or pay cuts
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Exclusion from projects, meetings, or opportunities
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Hostile treatment from supervisors or coworkers
It’s important to distinguish retaliation from ordinary discipline. Legitimate poor performance reviews are legal — but if they follow closely after you assert your rights, they may be retaliatory.
Federal Anti-Retaliation Laws That Protect Employees
Several federal laws prohibit retaliation, including:
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Title VII of the Civil Rights Act – Protects workers who report discrimination or harassment.
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FMLA (Family and Medical Leave Act) – Bars retaliation against employees who take or request protected leave.
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ADA (Americans with Disabilities Act) – Prohibits retaliation for requesting disability accommodations.
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OSHA Whistleblower Protections – Protects employees who report safety hazards.
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Sarbanes-Oxley & Dodd-Frank Acts – Safeguard financial industry and corporate whistleblowers.
State-Level Anti-Retaliation Protections in NJ & PA
In addition to federal laws, New Jersey and Pennsylvania offer additional protections:
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New Jersey CEPA (Conscientious Employee Protection Act): One of the strongest whistleblower laws in the U.S., protecting employees who disclose or refuse to participate in illegal acts.
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NJLAD (New Jersey Law Against Discrimination): Prohibits retaliation related to discrimination or harassment claims.
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NJFLA (New Jersey Family Leave Act): Protects workers who exercise family leave rights.
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Pennsylvania Whistleblower Law: Shields employees reporting violations that affect the public interest.
Examples of Illegal Retaliation in the Workplace
Signs of retaliation include:
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Sudden poor performance reviews after you file a complaint
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Being denied promotions or raises
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Exclusion from team projects or communications
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Hostility from supervisors or coworkers
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Wrongful termination or constructive discharge
How to Prove Retaliation After Reporting Wrongdoing
To build a strong case, you generally must show:
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Protected activity: You reported wrongdoing or exercised a legal right.
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Adverse action: Your employer punished you (firing, demotion, harassment, etc.).
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Causal link: Evidence shows retaliation was because of your protected activity.
Key evidence:
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Timing — retaliation that follows closely after a report is suspicious.
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Documentation — emails, texts, HR reports, performance records.
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Witnesses — coworkers who can confirm retaliation.
Steps to Take If You Experience Retaliation
If you suspect retaliation, act quickly:
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Document everything — keep a detailed timeline.
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Save communications — emails, texts, and HR reports.
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File an internal complaint if safe.
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Contact an employment attorney — strict deadlines apply.
Remedies Available to Retaliation Victims
If you win a retaliation claim, you may be entitled to:
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Reinstatement to your position
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Back pay and lost benefits
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Compensation for emotional distress
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Punitive damages in certain cases
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Attorney’s fees and costs
Why Choose Swartz Swidler to Protect Your Rights
At Swartz Swidler, we’ve dedicated our careers to fighting for workers in New Jersey and Pennsylvania. Employees choose us because:
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We have extensive experience with CEPA, NJLAD, and federal retaliation claims.
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We’ve secured significant recoveries for retaliation victims.
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We offer free, confidential consultations so you can act quickly.
FAQs About Anti-Retaliation Laws
Can I be fired for reporting harassment or discrimination?
No. Federal and state laws make this illegal.
Do I need proof of wrongdoing to be protected?
No. As long as you report in good faith, you’re protected.
How long do I have to file a retaliation claim?
Deadlines vary — from 180 days to 2 years depending on the law.
What damages can I recover?
Back pay, reinstatement, emotional distress damages, attorney’s fees, and in some cases, punitive damages.
Take Action Today — Protect Your Rights Under Anti-Retaliation Laws
If you’ve faced retaliation after reporting wrongdoing, don’t wait. Strict deadlines apply, and the sooner you act, the stronger your case will be.
Contact Swartz Swidler today for a free, confidential consultation. We’ll fight to protect your career and your future.
📞 Call now or fill out our online form to get started.
