New Jersey Whistleblowing Claims Attorney (CEPA)
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 legally protected activity under CEPA, it is imperative that you take immediate action. Contact our top-rated New Jersey whistleblower lawyer 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.
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.
Steps to Take If You Were Unlawfully Punished By an Employer for Whistleblower Activity
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:
- 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.
- 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.
- 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.
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.
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.
“Mr. Schalk obviously obtained a very successful verdict in a very very difficult case. This Court had an opportunity to observe Mr. Schalk throughout the trial. He certainly performed at an extremely high level . . . And to obtain the verdict that he did is a rare case . . . I feel very strongly that Mr. Schalk’s work in this case was at a very high level, a superior level and that if the 100 percent enhancement of the lodestar is in the rare case this would be the rare case in which Mr. Schalk would be entitled to that.”*”
