Workplace retaliation can be a distressing experience. Unfortunately, workplace retaliation is quite common in the United States of America, and the state of New Jersey is no exception. Workplace retaliation can hurt your career, well-being, and overall livelihood. Fortunately, employees who suffer workplace retaliation have legal options. Workplace retaliation is illegal, and employees who suffer retaliation can file a legal claim and seek justice and compensation. However, winning a retaliation claim requires strong evidence. Documenting workplace retaliation is vital for defending your rights and securing the justice and compensation you deserve. Below is a guide to documenting workplace retaliation.
1. Understand What Constitutes Retaliation
Before documenting any incident you believe is retaliation, you must understand what constitutes workplace retaliation. For an action to qualify as retaliation, it must be negative and directly related to the employee participating in a protected activity. Protected activity includes reporting harassment or discrimination and participating in an investigation. First, identify the protected activity you engaged in and then the adverse action(s) your employer took because you took part in the protected activity. Retaliation can take many forms, such as termination, demotion, unjustified negative evaluations, exclusion from meetings or projects, changes in job duties, and reduction in pay. Regardless of whether it is an overt action or a subtle mistreatment, retaliation is illegal, and you have the right to take legal action against a retaliating employer.
2. Maintain a Detailed Journal
Keeping a detailed journal is one of the best ways to document workplace retaliation. Record all incidents, noting their specific date, time, and location. Write down a description of what happened and the names and positions of all the people involved. If any colleagues can corroborate your story, note down their names. Additionally, record how every incident affected you professionally and personally.
It is vital to avoid being emotional in your journal entries. As much as you feel emotional, ensure your entries are factual and objective. By staying factual and objective, you can ensure your journal accurately reflects what happened. Also, you can enhance your claim’s credibility.
3. Gather Supporting Documentation
Apart from keeping a detailed journal, you should gather other forms of documentation to support your retaliation claim. Save copies of emails, text messages, memos, letters, and other forms of communication that can help you prove your case.
4. Collect Witness Statements
If co-workers witnessed the retaliatory action(s), you should take statements from them. Witness statements can strengthen your case. The more statements you have telling the same story, the better for your case. Ensure the statements include a detailed description of what was observed and when and where it was observed.
5. Keep Your Documentation Safe
When documenting workplace relations, it is crucial that you keep your documentation safe. Ensure you store your documentation in a safe place outside your workplace. Do not use work devices to document retaliation. Keeping your documentation safe ensures you can access it once you start the legal process. It ensures the integrity and reliability of your evidence is preserved.
Contact The Trabosh Law Firm
At The Trabosh Law Firm, our New Jersey employment lawyer has experience handling workplace retaliation cases. We can help protect your rights if you have fallen victim to workplace retaliation. Contact us today to schedule a consultation.