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Is this whistleblower and retaliation

Discussion in 'Employment, Labor, Work Issues' started by Guerilla Esparza, Mar 2, 2021.

  1. Guerilla Esparza

    Guerilla Esparza Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    Hello I'm not giving anymore information so please don't ask tell me what you think based on the information below also I am a TEMPA through the online staffing agency WONOLO.

    I was using the bathroom and when I exited a manager kicked the door and it hit me in the hand. When I brought up a complaint with the manager he stated I was just trying to get money out of the company and told another employee to do not return me.

    What are the laws regarding nj whistleblower and are temps entitled to this.
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    Well, that's a shame because there are several questions that come immediately to mind that would be important to sort this out.

    Since you won't answer any questions, the only thing I can tell you about your situation is that if you suffered an injury to your hand that required medical attention then you may have a good worker's comp claim.

    There are several federal and NJ laws that provide whistleblower protection. But you need to understand that most complaints you make to your boss are not protected and thus you could be fired or not hired for more jobs for making those unprotected complaints. Only specific kinds of complaints will get you whistleblower protection. But again, as you won't provide any more information, I can't help you with that.

    My suggestion is that you see an employment law attorney to see if you have any legal recourse here. Be aware that attorney will need a lot more detail than what you shared here to help you.
     
  3. Guerilla Esparza

    Guerilla Esparza Law Topic Starter New Member

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    so are injuries required for whistleblower complaints?
     
  4. hrforme

    hrforme Active Member

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    since we can't ask questions, there's no real good advice other than what Tax Counsel already gave you. If you were injured, there is possibly a workers compensation claim.

    And other advice would depend on lots of other details, but from what you have written, I see no other claim to whistleblow about. You should let your temp agency/HR know what happened.
     
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    Very generally, the way it works is like this. Only certain kinds of complaints an employee makes are protected by law from employer retaliation. For example, if an employee complains to the federal Occupational Safety and Health Administration (OSHA) about a violation of a federal worker safety rule the employee is protected from retaliation by the employer for having made that complaint. Another example is that employees are protected from retaliation under federal law when the employee complains to the employer or to the federal Equal Employment Opportunity Commission (EEOC) about discrimination in the work place that is based on the employee's race, color, national origin, citizenship, religion, sex, age (if the employee is age 40 or older), disability, or genetic test information. For the most part, these laws protect you when you are making complaints about possible employer violations of your protected rights though a few laws protect you when reporting to the government certain other kinds of company wrongdoing. But outside of these protected complaints, the employer is free to retaliate against you for complaints you make. For example, if you complain to the company owner that your supervisor sucks at his job your employer certainly may retaliate against you for that, including firing you. I can't tell you if your complaint would be protected since you didn't tell us what you complained about.

    If an employer does illegally retaliate against you, you usually may sue to recover for the harm you suffer from it. If you suffered no harm you'd get nothing in most cases.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Are we supposed to know what a "TEMPA" is?

    I will adhere to your admonition that we not ask for additional information, but please keep in mind that doing so will require making assumptions that may not be true.

    Obviously, you can google "New Jersey whistleblower laws." Beyond that, I have no idea what this question means. Unfortunately, since you don't want us to ask for more information, there's nothing more I can say about that.

    No.
     
  7. army judge

    army judge Super Moderator

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    As you wish, my liege.

    I will restrain myself from asking any questions, my liege.

    I think ONLY what you command, my liege.

    By your leave, my liege.

    bowing.gif
     
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  8. Zigner

    Zigner Well-Known Member

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    Post Hx
     
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  9. cbg

    cbg Super Moderator

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    Since you won't answer any questions, I am forced to respond based on the information provided.

    On the basis of the information provided, IMO you do not have a whistleblower claim or any other kind of claim with the possible exception of a workers comp claim.
     
  10. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Since there was no injury there should be no work comp claim and hence no ability to have whistleblower protection that might arise from a WC claim.
     
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  11. sandyeggo

    sandyeggo Member

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    Do you even know what a whistleblower is?
     
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  12. Paddywakk

    Paddywakk New Member

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  13. Paddywakk

    Paddywakk New Member

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    Based on your previous posts, you seem very interested in suing anybody for anything.

    Lawsuits are not the road to riches you seem to think.
     
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