The Mark Law Firm Blog | New Jersey Lawyers

I was subjected to retaliation, but did not lose anything of value from my job. Can I sue?

Written by Jamison Mark | May 8, 2014 4:46:00 PM

Mark Law Firm, LLC are attorneys who will go to trial on adverse employment (or retaliation) cases and represent clients from Madison, Mendham and New Vernon New Jersey.

The Law Against Discrimination provides protection to employees who have filed a complaint, testified or assisted in any proceeding under the Act, or from coercion, intimidation, threats or interference with any person or from anyone who aids, abets, entices, etc., another person in violating a person's right under this Act.

An employee has the burden to prove retaliation and must show:

  • I was engaged in protected activity;
  • I was subjected to an adverse employment action;
  • the activity was connected to the adverse action.

If you are able to say "Yes" to all three, you may have a claim of retaliation. The hardest element of the "retaliation" claim is to prove adverse employment action. It is common sense to identify instances when someone has been terminated, suspended, demoted or failed to be promoted by an employer due to your engaging in a protected activity. If this is the case, you have satisfied the third element of retaliation, and may have a claim. If you have been the target of retaliation, you should contact Mark Law Firm, LLC, attorneys who specialize in employment law at 908-626-1001, or 973-440-2311 or click the " contact us" page and tell us your story.