Somerset Whistleblowing Claims Attorney (CEPA)

Your Guide to Whistleblowing cases all over New Jersey

Charles Z. Schalk is a top-rated New Jersey whistleblower lawyer. Our state’s Conscientious Employee Protection Act (CEPA) protects employees who blow the whistle from retaliation by their employer. If you or your loved one faced any type of retaliation after engaging in a legally protected activity under CEPA, it is imperative that you take immediate action. Contact our top-rated Somerset whistleblowing claims attorney today to set up your completely confidential, no obligation case assessment.

What is a Whistleblower?

A whistleblower is an individual who exposes any kind of information or activity that is deemed illegal, unlawful, fraudulent, criminal, or endangers public health and safety.  Many whistleblowers are employees who have some form of inside information. 

Whistleblowers play a critical role in exposing workplace violations and illegal activity that might otherwise go unreported. These workers often risk their careers to protect the public and ensure that employers follow proper labor laws and safety standards. Whether reporting fraud, violations of wage and hour laws, or threats to patient care, whistleblowers serve the public interest by bringing relevant information to light.

An Overview of the Conscientious Employee Protection Act (CEPA)

New Jersey has one of the strongest and most comprehensive whistleblower protection laws for employees in the entire country. The Conscientious Employee Protection Act (CEPA) is designed to protect the rights of employees who report, or refuse to participate in, employer actions that they reasonably believe to be illegal, unlawful, fraudulent, criminal, or in violation of public policy. Here are two key points employees should know: 

• Broad Coverage and Protection Under the Law: The CEPA is an expansive state-level whistleblower statute. It protects employees who disclose, or threaten to disclose, practices of their employer that they believe are illegal or violate public policy. Protected activities include reporting possible financial fraud, reporting suspected safety violations, and reporting environmental hazards. The CEPA protects employees from retaliation when they provide information to, or testify before, any public body investigating a violation of law by their employer. An employee cannot face any adverse action for blowing the whistle. 
• The Definition of Wrongful Acts: Under CEPA, wrongful acts are not limited to violations of law but also include acts against public policy, which can encompass a range of unethical practices. For example, if an employer engages in practices that are significantly detrimental to the public health, safety, or welfare, this could be grounds for a CEPA claim. The act also covers employees who object to, or refuse to participate in, any activity that they reasonably believe is fraudulent, criminal, or incompatible with a clear mandate of public policy. 

Understanding Whistleblowing and Employment Law in New Jersey

New Jersey employment law provides strong protections for workers who report violations in the workplace. Employment law covers many areas, including discrimination, harassment, wrongful termination, and whistleblowing. When employers violate these laws, employees have the right to speak up without fear of losing their jobs or facing other punishment.

Our law firm has extensive experience handling complex employment cases across Somerset County and Central New Jersey. We understand how employment law intersects with whistleblower protections and can help you understand your rights under both state and federal law.

Types of Violations That Whistleblowers Report

Whistleblowers may report many different types of workplace violations and illegal activity. Common issues include violations of wage and hour laws, safety hazards, discrimination, harassment, and fraud against the government. Healthcare workers might report concerns about patient care, while other employees might expose violations of the Fair Labor Standards Act or other labor laws.

Some whistleblowers report False Claims Act violations, which involve fraud against federal or state government programs. Others may report disability discrimination, sexual harassment, pregnancy discrimination, or wrongful termination for an illegal reason. No matter what type of violation you witnessed, New Jersey law protects employees who come forward with good faith concerns.

Steps to Take If You Were Unlawfully Punished By an Employer for Whistleblower Activity in New Jersey

Do you believe that you were subject to unlawful whistleblower retaliation under the CEPA in New Jersey? It is imperative that you take immediate action to protect your rights. Here are three steps: 

• Document It: Be sure to save any relevant documentation that you have in your possession, including documentation about the disclosures you made and the adverse action you faced. 
• Report It: You have the right to report unlawful whistleblower retaliation. A report can be made both directly to your employer and to the agency to which you made disclosures. 
• Call a Lawyer: CEPA claims are complicated. Do not go it alone. If you face adverse action for whistleblower activity, consult with a New Jersey employment lawyer right away. 

How to Prove Retaliation in a Whistleblower Claim

How do you bring a successful whistleblower retaliation claim in New Jersey? Under CEPA, there are three broad elements that must be established in any given case. A New Jersey CEPA claims lawyer can help you prove the following three things: 

1. Protected Action (Whistleblower Activity): To start, you must establish that you are a whistleblower for the purposes of CEPA. As a general rule, you must show that you engaged in action—whether reporting alleged misconduct or threatening to report alleged misconduct—that is covered by CEPA. The whistleblower needs to demonstrate that their activity was done out of a genuine concern for wrongdoing and that they had a reasonable belief that the behavior they were reporting was a violation of the law. 
2. Adverse Action (Fired, Demoted, etc): The employee must then prove that they suffered an adverse employment action. Some notable examples of adverse employment action include being fired, demoted, a reduction in salary, and being transferred to a less desirable position. Minor annoyances or totally trivial “punishment” are generally not considered adverse actions under CEPA. 
3. Causation Between Two: Causation is a required element of a whistleblower retaliation claim in New Jersey. To bring a successful claim, an employee must prove that the adverse action that they endured happened because of their whistleblower activity. A wide range of different evidence could be used to prove causation, potentially including the proximity in time between the protected action and the adverse action. 

Compensation for Whistleblower Employees in New Jersey

What remedies are available to a whistleblower employee whose rights were violated? There are a number of different possible options available to pursue justice. Depending on the specific nature of the case, a whistleblower who faces retaliation under New Jersey’s CEPA may be entitled to the following types of remedies: 

• Reinstatement; 
• Back pay; 
• Front pay; 
• Compensatory damages; 
• Attorneys’ fees; and
• Punitive damages. 

Workers who successfully prove retaliation in a lawsuit may recover significant compensation for their losses. This can include lost wages, benefits, and compensation for emotional distress caused by the employer’s conduct. Employment attorneys work to ensure that clients receive full compensation for all damages they suffered.

Protecting Workers Throughout Somerset, New Jersey and Beyond

Our practice serves clients throughout Somerset, New Jersey, including all areas of Somerset County and surrounding counties in Central New Jersey. We handle cases involving discrimination, harassment, wrongful termination, wage and hour violations, and whistleblowing. From Somerset to other parts of the state, we are committed to protecting workers’ rights.

Employment attorneys at our firm understand the challenges that workers face when considering whether to report illegal activity. We know that employees worry about losing their jobs, facing harassment from coworkers, or being blacklisted in their industry. New Jersey law protects employees specifically to prevent these outcomes and encourage people to speak up about wrongdoing.

Why Choose Our Law Firm for Your Whistleblower Case

Our firm focuses its practice on employment law matters, including whistleblower protection, discrimination, harassment, and wrongful termination cases. We have handled numerous whistleblower cases and understand the specific challenges these claims present. Clients choose our firm because we provide personalized attention and aggressive representation.

We understand that every whistleblower case is unique and requires a tailored approach. Whether your case involves violations of Title VII, the Fair Labor Standards Act, wage theft, or other employment law violations, we have the knowledge to help. Our attorneys stay current on changes in New Jersey law and federal regulations that affect workers’ rights.

Charles Z. Schalk is a Whistleblower Lawyer in New Jersey Who Employees Can Trust

The decision to blow the whistle on potential misconduct in the workplace is an important one. Whistleblowers are doing the right thing—and they should not face any type of retribution from their supervisor or employer. Unfortunately, the reality can be more complicated. Charles Z. Schalk is a whistleblower attorney in New Jersey with extensive experience handling retaliation cases. Among other things, Attorney Schalk is ready to: 

• Listen to your story and answer legal questions during a confidential consultation; 
• Investigate the incident—gathering and organizing relevant evidence and information; and
• Take aggressive legal action to protect your CEPA rights and fight for justice on your behalf. 

Somerset employment lawyers at our firm are dedicated to protecting the rights of workers who expose fraud, safety violations, and other illegal conduct. We understand the courage it takes to challenge an employer and are here to provide the legal support you need.

FAQs: Whistleblower Attorney in Somerset

Can I Be Fired for Reporting Safety Violations?

No, employers cannot legally fire you for reporting safety violations in Somerset, New Jersey, or anywhere else in the state. New Jersey law protects employees who report workplace safety concerns to their employer or to a public body like OSHA. If you are fired for an illegal reason, such as reporting safety hazards, you may have grounds for a wrongful termination lawsuit.

What Should I Do If My Employer Retaliates Against Me?

If your employer retaliates against you for whistleblowing, contact employment lawyers right away to discuss your legal options. Document everything related to your disclosure and the retaliation you experienced. An attorney can help you file a complaint with the appropriate government agency and pursue legal action to protect your rights and seek compensation.

How Long Do I Have to File a Whistleblower Claim in New Jersey?

Under New Jersey law, you typically have one year from the date of the retaliatory action to file a CEPA claim. This deadline makes it important to speak with employment attorneys as soon as possible after experiencing retaliation. Missing this deadline could prevent you from pursuing your case, so prompt action is important.

Do I Need a Lawyer for a Whistleblower Case?

Yes, working with experienced whistleblower attorneys significantly improves your chances of success in whistleblower cases. Employment law is complex, and employers often have legal teams defending against these claims. A skilled lawyer can gather evidence, handle communications with your employer, and represent you in negotiations or court.

What Types of Employers Does CEPA Cover?

CEPA covers both private and public employers throughout Somerset County and other counties in New Jersey. The law protects employees who work for businesses, nonprofits, and government agencies. Whether you work in healthcare and have concerns about patient care, or in any other industry where you witnessed violations, you may be protected under CEPA.

Can I Report Violations Anonymously?

While you can make anonymous reports to some government agencies, your employer may eventually learn your identity during an investigation or lawsuit. Some federal laws allow for anonymous reporting through hotlines. However, to pursue a retaliation claim under CEPA, you will need to be identified as the person who made the disclosure.

Contact Our New Jersey CEPA Attorney Today

Charles Z. Schalk is a New Jersey whistleblower attorney who has extensive experience handling CEPA claims. If you or your loved one was retaliated against by an employer after engaging in protected whistleblower activity, we are here to help. Contact us today for a fully confidential, no obligation initial consultation. We handle CEPA claims throughout New Jersey.