Reporting a concern does not give an employee immunity from legitimate employment decisions. An employer also cannot lawfully use an otherwise valid management process as a cover for prohibited retaliation. The actual reason for the action matters.
Start with the employer’s explanation
Keep the termination notice, earlier evaluations and disciplinary communications. Identify the stated reason and when you first heard it. Explain whether the employer investigated the issue, gave you an opportunity to respond or applied a policy differently before your complaint.
In Maimone v. City of Atlantic City, 188 N.J. 221 (2006), timing and evidence undermining the employer’s explanation supported allowing a retaliation claim to proceed. The case illustrates why both the chronology and the explanation require scrutiny.
Explain the full history
Tell counsel about performance criticisms that preceded the report as well as favorable records. Include earlier disputes, attendance issues and any agreement you signed. An accurate assessment requires potentially unfavorable facts too.
If you have been offered severance, seek advice about the agreement and its deadlines before signing. If you are considering leaving, obtain advice before assuming a resignation will be treated as a discharge.
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