Standing Up for Union Rights Without Fear
Are you seeing write-ups, schedule cuts, or a sudden demotion after speaking with coworkers or supporting a union in New Jersey? That kind of backlash may be unlawful retaliation. Clear rules protect your right to organize and to raise concerns about working conditions, and there are practical steps you can take right away to protect yourself.
Based in Newark and Trenton, Zazzali, P.C. represents unions, union members, and employees throughout North Jersey and the greater New York metropolitan area. The guide below explains what counts as retaliation, the protections available under federal and state law, how the process differs for public sector employees, and the first steps to protect a claim, including deadlines and where to file.
What Is Retaliation in a Union Context?
In simple terms, retaliation happens when your employer takes adverse action against you because you exercised your legal rights to support or participate in union activities. Retaliation can take many forms, including:
- Termination or suspension after attending or speaking at a union meeting.
- Demotion or loss of hours following your involvement in collective bargaining.
- Unjust discipline or negative performance reviews tied to your union role.
- Harassment or intimidation aimed at discouraging you from organizing.
- Withholding promotions or benefits because of your union membership.
Retaliation is not always obvious. Sometimes it is subtle and easy to overlook at first. You might notice a sudden change in how you are treated after taking part in a protected activity. Recognizing these signs early is critical so you can address them before the situation escalates.
Federal Protections Against Union Retaliation for NJ Workers
Most union retaliation cases fall under the National Labor Relations Act, which is enforced by the National Labor Relations Board. Under the NLRA, an employer may not interfere with, restrain, or coerce employees who are exercising their Section 7 rights to form, join, or assist a union, bargain collectively, engage in concerted activities for mutual aid or protection, or refrain from such activity.
Key federal protections include the right to participate in union activity on your own time without fear of discipline, the right to speak with coworkers about working conditions or union matters, and the right to file grievances or complaints without retaliation. If your rights under the NLRA are violated, you can file an unfair labor practice charge.
Public Sector Union Retaliation in NJ: What You Need to Know
If you work for a New Jersey public employer, such as a school district, municipality, or state agency, your labor rights and retaliation claims are generally handled under New Jersey’s Employer-Employee Relations Act by the Public Employment Relations Commission, rather than by the NLRB. PERC investigates and adjudicates unfair practice charges for public sector employees. Strict filing timelines apply.
Your Protections Under New Jersey Law
New Jersey Law Against Discrimination (LAD)
While best known for prohibiting discrimination based on protected characteristics, the LAD also protects against retaliation for opposing unlawful workplace practices. Complaints may be filed with the Division on Civil Rights, or you may bring a civil action in Superior Court.
New Jersey Conscientious Employee Protection Act (CEPA)
Known as the whistleblower law, CEPA protects employees who report or object to illegal or unethical practices. If your union activity involves speaking out against workplace violations or safety hazards, CEPA may provide an additional layer of protection. CEPA claims are filed as civil lawsuits in New Jersey Superior Court.
Common Retaliation Scenarios We See in North Jersey
In our work representing unions and employees, we frequently encounter scenarios such as:
- Public sector workers, including teachers, police, and transit employees, being reassigned after serving on a bargaining committee.
- Healthcare employees facing discipline after advocating for better staffing or patient safety.
- Transportation workers targeted for participating in a strike or informational picketing.
- Municipal employees denied promotions after filing grievances through their union.
Each situation is unique, and determining whether retaliation has occurred often requires a careful review of the facts, the timing of the employer’s actions, and the applicable federal and state laws.
Steps to Take if You Suspect Union Retaliation in New Jersey
Document Everything
Keep a detailed record of events, dates, times, what was said, and who was involved.
Save Written Communications
Preserve emails, text messages, memos, or disciplinary notices that could show a link between your union activity and the adverse action.
Involve Your Union
Notify your union representative immediately. They can help you file a grievance and gather evidence.
Know Your Deadlines
Filing timelines are short and vary by forum:
- NLRB and NLRA charges: generally 6 months.
- PERC, public sector unfair practice charges: generally 6 months.
- LAD complaint to DCR: 180 days from the alleged act.
- LAD lawsuit in Superior Court: 2 years.
- CEPA lawsuit in Superior Court: 1 year.
These time limits are strict in most cases. Because trigger dates can vary by forum, early legal guidance helps you confirm the correct filing date and avoid missed or miscalculated deadlines.
Where to File
Start a charge through the NLRB’s online filing portal or download the Form 501 charge form and submit it to your regional office. Public sector workers can file an unfair practice charge with PERC. Discrimination complaints can be started with the New Jersey Division on Civil Rights.
Seek Legal Guidance Early
An experienced New Jersey labor and employment attorney can evaluate your case, preserve key evidence, and draft and file your charge or complaint. Your lawyer will communicate with the NLRB, PERC, or the Division on Civil Rights on your behalf and, where available, request appropriate interim relief through the proper agency or court to help stop ongoing harm.
Why Acting Quickly Matters
Retaliation cases can move fast, and employers may continue their actions if they are not challenged. Waiting too long can make it harder to prove your case or to meet critical filing deadlines. Acting promptly sends a message that you know your rights and you are prepared to protect them. Missing these deadlines can mean losing your right to pursue the case, no matter how strong your facts may be.
Many workers ask, “How long do I have to file a union retaliation claim in New Jersey?” The answer depends on whether your case is under federal NLRA timelines or New Jersey’s public or whistleblower laws. In many cases, you have as little as six months, and sometimes less, to act.
How Zazzali, P.C. Can Help
With a century of service in labor and employment law, Zazzali, P.C. has a deep history of representing unions, employees, and public sector workers across North Jersey and the New York metro area. We understand the complex interplay between federal and state laws, and we know how to navigate NLRB proceedings, PERC hearings, DCR investigations, and courtroom litigation.
When you work with us, you get:
- A legal team respected for its union-side advocacy.
- Guidance grounded in decades of successful labor representation.
- Strategic, compassionate counsel tailored to your situation.
Take the First Step to Protect Your Rights
If you believe you have been retaliated against for your union involvement, you do not have to face it alone. Contact Zazzali, P.C. today to schedule a confidential consultation with a New Jersey union retaliation lawyer. We represent clients in Newark, Trenton, Jersey City, Paterson, Elizabeth, and throughout New Jersey, as well as in the greater New York metropolitan area, Pennsylvania, and Washington, D.C.
Call us or complete our online form to speak with an attorney who understands the importance of protecting workers’ voices and will fight to make sure yours is heard.
Disclaimer: This post is for informational purposes only and is not intended as legal advice. Reading it does not create an attorney-client relationship with Zazzali, P.C. Every situation is different, so if you have questions about your rights, we encourage you to speak with one of our attorneys or another qualified lawyer.