If you spoke up about unpaid wages, discrimination, or unsafe working conditions and suddenly faced punishment at work, you are not alone. Many workers—especially immigrants—experience retaliation after asserting their rights. What most people do not know is that New Jersey and New York have some of the strongest anti-retaliation laws in the country. These laws protect all workers, regardless of immigration status, and give employees powerful avenues for reporting violations and recovering damages.
What Counts as Retaliation Under NJ & NY Law?
Retaliation is any negative action your employer takes to punish you for exercising a legal workplace right. These actions include:
- Firing or demoting you
- Cutting your hours or pay
- Changing your schedule to something undesirable
- Assigning more difficult duties or intensifying supervision
- Giving unjustified poor evaluations
- Excluding you from meetings or opportunities
Importantly, threats alone can be retaliation. This includes a threat to:
- Call immigration authorities on you
- Report you or your family to police
- Sue you or “make legal trouble” for you
New York law explicitly prohibits immigration-related threats as retaliation, and New Jersey enforces similar protections through its wage laws, harassment and discrimination laws, and whistleblower protections.
Protected Activities: When the Law Shields You
You are protected when you raise concerns in good faith about issues such as:
- Unpaid wages or overtime
- Misclassification (being treated as a contractor when you’re an employee)
- Unsafe working conditions
- Discrimination or harassment
- Earned sick leave or family leave violations
- Any conduct you reasonably believe violates the law
You can assert your rights by speaking to a supervisor, filing a written complaint, talking to HR, contacting a government agency, or informing co-workers about their rights. All of these are protected activities under both NJ and NY law.
New Jersey: Strong Protections for Workers
New Jersey has robust protections through:
- CEPA (Conscientious Employee Protection Act)
CEPA protects employees who report or refuse to participate in illegal activities. Remedies include reinstatement, back pay, and punitive damages.
- New Jersey Wage Theft Act
Retaliation for wage complaints is illegal. The law provides:
- Triple damages for unpaid wages
- A 90-day presumption that any punishment after a wage complaint is retaliation
- Criminal penalties for employers who retaliate
- Enforcement actions including stop-work orders
- Protection Regardless of Immigration Status
The NJ Department of Labor does not ask about or report immigration status when workers file wage or safety complaints. Undocumented workers have the same protections and rights as any other employee.
New York: Expanded Retaliation Protections
New York Labor Law § 215 prohibits any employer from punishing a worker for reporting labor law violations. The law:
- Covers all workers regardless of immigration status
- Explicitly bans threats to contact immigration authorities
- Allows employees to file complaints with NYDOL or pursue private lawsuits
- Imposes penalties up to $20,000 for retaliation
- Requires employers to pay lost wages, penalties, and damages
Workers may also report retaliation to the NY Attorney General’s Labor Bureau, which prosecutes immigration-related threats aggressively.
What to Do If You Experience Retaliation
- Document everything
Save emails, texts, schedules, pay stubs, evaluations, and notes of conversations. - Do not quit
Resigning makes claims harder to prove. Continue performing your job well. - File a complaint
- New Jersey: NJDOL Wage & Hour Division
- New York: NYDOL Labor Standards Division
- Immigration-related threats: NY Attorney General’s Office
- Contact an employment attorney
A lawyer can assess your case, navigate deadlines, preserve evidence, and help you pursue compensation and reinstatement.
Why These Protections Matter
Retaliation is dangerous not only for workers, but for the public. Workers are often the only ones who can report safety hazards, wage theft, or illegal discrimination. NJ and NY law reflect the belief that employees must be able to speak up without fear—no matter their immigration status, income, or job title.
When employers retaliate, the law allows workers to obtain:
- Lost wages
- Reinstatement
- Emotional distress damages
- Penalties and liquidated damages
- Attorney’s fees
- In severe cases, punitive damages
Protect Your Rights Today
If you believe you are facing retaliation—or fear immigration-related threats after reporting workplace issues—take action immediately. Strict deadlines apply, and early legal intervention can change the outcome of your case.
Song Law Firm represents employees across New Jersey and New York in retaliation, wage theft, discrimination, and immigration-related threat cases. We understand the urgency and the fear that often accompany these situations, and we will fight to protect your rights.
Call us at 201-461-0031 or email mail@songlawfirm.com for a confidential consultation.
You do not have to face your employer alone. The law stands with you—and so do we.
Disclaimer: This column provides general information about employment law and should not be considered legal advice for your specific situation. Whistleblower laws are complex with varying requirements and deadlines. Consult with an attorney promptly to understand your rights and options.
