Facing Retaliation While You Are Still Employed

You may need to decide how to answer discipline, whether to report another concern, or whether to accept an exit agreement. These decisions deserve attention before the employment relationship ends.

Prepare for the next decision

Tell counsel what must happen next and by when. Provide the proposed agreement, meeting notice or written request for a response. Explain your practical goals: remaining employed, protecting your professional standing, negotiating a departure or pursuing a claim.

Keep records without creating a new problem

Preserve your own chronology and identify relevant communications. Do not assume that a possible lawsuit authorizes you to take employer files. State v. Saavedra, 222 N.J. 39 (2015), rejected a claim of categorical protection from criminal prosecution for taking confidential employer documents to support employment litigation. Read Saavedra.

Review resignation and severance carefully

A resignation is not automatically a constructive discharge, and an agreement may affect claims and future obligations. Counsel should review the actual language concerning releases, references, confidentiality, payments and cooperation, along with the circumstances of the proposed departure.

Donelson v. DuPont Chambers Works, 206 N.J. 243 (2011), addresses a particular route to economic damages where retaliation causes a disabling psychological injury; it should not be treated as general permission to resign and recover all future earnings. Read Donelson.

Obtain advice while options remain open

Bring the immediate decision and the longer history to the consultation. Learn what to prepare.