2009 New Jersey Code
TITLE 34 - LABOR AND WORKMEN'S COMPENSATION
Section 34:5A
34:5A-17 - Discharge or penalizing of employee for exercising rights; complaint;  adjudication

34:5A-17.  Discharge or penalizing of employee for exercising rights; complaint;  adjudication     a.  No employer shall discharge, cause to be discharged, or otherwise discipline, penalize, or discriminate against any employee because the employee  or his employee representative has exercised any right established in this  act.

    b.  Any employee who believes that he has been discharged, or otherwise disciplined, penalized, or discriminated against by an employer in violation of  subsection a. of this section may, within 30 days of the violation, or within  30 days of obtaining knowledge that a violation occurred, file a complaint with  the Commissioner of the Department of Labor alleging the violation.  Within 30  days of the receipt of a complaint, the commissioner shall conduct an  investigation of the complaint.  If after the investigation the commissioner  determines that there is probable cause that the complaint is valid, he may  refer the complaint to the Office of Administrative Law, which, upon the  referral, shall commence an adjudicatory proceeding on the complaint, to be  conducted as a contested case pursuant to the "Administrative Procedure Act,"  P.L. 1968, c. 410 (C. 52:14B-1 et seq.), and P.L. 1978, c. 67 (C. 52:14F-1 et  seq.).  If the Commissioner of Labor or the employee introduces evidence that  prior to the alleged violation the employee exercised any right provided in  this act, the employer shall have the burden to show just cause for his action  by clear and convincing evidence.  Within 45 days of the receipt of the recommendations of the administrative law judge, the commissioner shall adopt,  reject, or modify the recommendations.  The final decision of the commissioner  shall be considered the final agency action thereon for the purposes of the   "Administrative Procedure Act"  and shall be subject only to judicial review  as provided in the Rules of Court.

     L.1983, c. 315, s. 17, eff. Aug. 29, 1984.