What remedies are available to victims of retaliation?
In New Jersey, victims of retaliation under whistleblower law may have a variety of remedies available to them. These remedies are designed to provide compensation for any losses incurred as a result of the retaliatory action and to restore the whistleblower to the position he or she would have held without the retaliation. Victims may be able to receive compensation for lost wages and benefits, as well as for any non-economic losses (such as emotional distress) resulting from the retaliatory action. In addition, the victim may also be eligible for compensatory damages, which are designed to make the victim whole by covering any expenses incurred as a result of the retaliatory action. Victims may also be able to seek punitive damages as a result of the retaliatory action. These are designed to punish the employer for their retaliatory conduct and to discourage similar behavior in the future. If the retaliation resulted in the victim’s termination, he or she may be able to receive reinstatement to their former position. The employer may also be required to provide back pay to cover any wages lost as a result of the retaliatory action. Finally, if an employer violates New Jersey’s whistleblower law, victims may be able to recover attorneys’ fees and costs associated with bringing the case. This is meant to ensure that victims of retaliation have access to justice even if they would otherwise not be able to afford legal representation.
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