It takes immense courage to speak out against wrongdoing in the workplace. When you witness illegal, fraudulent, or unethical activity, you are faced with a difficult choice: stay silent and compromise your integrity, or speak up and risk your job. The fear of retaliation—of being fired, demoted, or harassed for doing the right thing—is a powerful deterrent that can keep even the most conscientious employees from coming forward. It’s a lonely and frightening position to be in, and it can feel like you have nowhere to turn.
If you are an employee in New Jersey who has witnessed wrongdoing, you should know that you are not alone and you are not without protection. New Jersey has one of the strongest whistleblower protection laws in the country: the Conscientious Employee Protection Act (CEPA). This law is designed to protect employees who report illegal or unethical conduct from retaliation by their employers. At Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher, we have a deep commitment to defending the rights of whistleblowers. If you have been punished for speaking the truth, we are here to fight for you.
Understanding CEPA: New Jersey’s Whistleblower Law
CEPA is a broad law that makes it illegal for an employer to take any retaliatory action against an employee who engages in a protected “whistleblowing” activity. The purpose of the law is to encourage employees to report activities that they reasonably believe are illegal or violate public policy, without fear of losing their jobs. This protects not only the employee but also the public by bringing to light conduct that could be harmful to public health, safety, and welfare.
To be protected under CEPA, an employee must have a reasonable belief that their employer’s conduct is violating a law, rule, or regulation, or is fraudulent, criminal, or incompatible with a clear mandate of public policy. You do not have to be correct that the conduct was illegal; you just need to have a reasonable belief that it was.
What Activities Are Protected Under CEPA?
CEPA protects several types of whistleblowing activities. You are protected if you:
- Disclose or threaten to disclose to a supervisor or a public body an activity, policy, or practice of your employer that you reasonably believe is illegal, fraudulent, or criminal.
- Provide information to or testify before any public body conducting an investigation, hearing, or inquiry into a violation of law by your employer.
- Object to or refuse to participate in any activity, policy, or practice which you reasonably believe is illegal, fraudulent, criminal, or violates a clear mandate of public policy.
It is important to note that in many cases, you must first bring the issue to the attention of a supervisor and give your employer a reasonable opportunity to correct the problem before you can report it to an external public body. However, this requirement is waived if you are reasonably certain that a supervisor is already aware of the activity or if you fear that reporting it internally could result in physical harm.
What Constitutes Retaliation Under CEPA?
CEPA prohibits any adverse employment action taken against an employee in retaliation for a protected whistleblowing activity. The definition of retaliation under CEPA is very broad. It is not limited to just firing or demotion. It can include any action that harms the terms and conditions of your employment, such as:
- Termination or suspension.
- Demotion or a reduction in pay.
- A negative performance review.
- Harassment or intimidation.
- A transfer to a less desirable position or location.
If you have engaged in a protected activity and your employer takes any of these actions against you, you may have a claim for unlawful retaliation.
What to Do if You Are a Whistleblower
If you have witnessed illegal or unethical conduct at your workplace and are considering blowing the whistle, it is crucial to proceed carefully. Here are the steps you should take:
- Document Everything: Keep a detailed record of the illegal activity you have witnessed, including dates, times, and the people involved. Also, document your reporting of the activity and any retaliatory actions that are taken against you.
- Follow Internal Procedures: If possible and safe to do so, report the conduct internally to your supervisor or HR department. This can strengthen your CEPA claim.
- Consult with an Attorney: Before you take any action, it is highly advisable to speak with an experienced whistleblower claims attorney. An attorney can help you understand your rights and obligations under CEPA, advise you on the best way to report the conduct, and protect you from retaliation.
If you have already been retaliated against, you should contact an attorney immediately. There are strict deadlines for filing a CEPA lawsuit, so it is important not to delay.
You Have the Right to Do What’s Right
Standing up for what is right in the face of corporate wrongdoing is one of the bravest things an employee can do. It can also be one of the most isolating. At our firm, we believe that whistleblowers are heroes who deserve the strongest possible legal protection. We are passionate about defending the rights of employees who dare to speak out.
If you are a whistleblower who has been the victim of retaliation, you do not have to face this fight alone. We have the experience, the resources, and the dedication to take on even the most powerful employers and hold them accountable.
We invite you to contact us for a free and confidential consultation. Let us help you understand your rights and fight for the justice you deserve.
Frequently Asked Questions (FAQ)
Q: Do I have to be 100% certain that my employer’s conduct is illegal to be protected by CEPA?
A: No. You only need to have a “reasonable belief” that the conduct is illegal or violates a clear mandate of public policy. You can be mistaken about the law and still be protected, as long as your belief was reasonable under the circumstances.
Q: What kind of damages can I recover in a CEPA lawsuit?
A: If you win a CEPA lawsuit, you can recover a wide range of damages, including lost wages and benefits (back pay and front pay), emotional distress damages, and punitive damages. You can also be reinstated to your job and have your attorney’s fees and costs paid by your employer.
Q: How long do I have to file a CEPA lawsuit?
A: The statute of limitations for filing a CEPA lawsuit is very short: you must file your claim within one year of the retaliatory action. This is why it is so critical to contact an attorney as soon as possible if you believe you have been the victim of whistleblower retaliation.