New Jersey laws encourage employees to report and avoid illegal activities in the workplace. New Jersey’s Conscientious Employee Protection Act, commonly referred to as “CEPA” or New Jersey’s Whistleblower Claims Law, is in place to help protect those that do. It protects employees who report, object to, or won’t participate in any practice, policy, or conduct by their employer that they reasonably think violates a rule, law, or clear mandate of public policy regarding public health, safety, or patient care that is fraudulent. In some situations, contractors are also protected by New Jersey’s Whistleblower Law.
If you’ve been retaliated against for acting under this law, you have legal rights and options. A reputable New Jersey whistleblower claims attorney can help you navigate this path.
New Jersey’s whistleblower laws are well-known for being the strictest in the United States. Under New Jersey employment law, employers aren’t permitted to take any type of retaliatory action against an employee for reporting something they believed to be unethical or illegal. At Varcadipane & Pinnisi, PC, our New Jersey and New York City whistleblower claims attorneys fight for the rights of employees who have been retaliated against for their sounding the alarm on illegal activity in the workplace.
It is illegal for an employer to take action against an employee for objecting to or disclosing illegal activity. Retaliation includes firing an employee; however, it’s often done in much more subtle ways. Any retaliation is prohibited, apparent, or not. For example, suppose the reason is related to an employee’s objections or disclosures. In that case, the employer may not take any of the following actions:
In order for an employee to receive protection, it’s best if their whistleblowing is in writing. For example, suppose an employee is going to make a complaint to a public body. In that case, they should first give their employer a formal written notice, so the employer has the opportunity to correct the issue. Exceptions include:
Even if written notice isn’t required, it’s still a good idea to provide one if possible. Unfortunately, without a “paper trail” of documented evidence, these cases can become disputes over who said what. Having a detailed paper trail dramatically increases the chances of a successful claim.
If the New Jersey CEPA claim is successful, the employee can recover the wages they have already lost and will lose in the future because of the retaliation. They might also recover compensation for emotional/mental distress and punitive damages. Additionally, they also stand to recover the costs of litigation and attorney’s fees.
Examples of behavior that might be reported by a whistleblower who is then retaliated against:
CEPA is New Jersey’s chief whistleblower protection. However, our New Jersey whistleblower claims lawyer can uphold employees’ rights through many other laws as well:
If you think that you have been retaliated against because of your whistleblowing, disclosures, or objections to illegal activity, please don’t hesitate to reach out to Varcadipane & Pinnisi, PC today. With very little information, we can explain what services we offer for your unique situation and what you can expect to incur in fees and expenses throughout your legal matter. You can call us at 800-616-2916 or contact us online. We provide no-obligation case reviews with reputable New Jersey whistleblower claims lawyers.
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