Whistleblowers play a big role in maintaining transparency and accountability within companies or organizations. By exposing unethical, illegal, or unsafe practices, they help protect the public, uphold the law, and maintain the integrity of businesses and institutions. However, whistleblowing often comes at a price for the whistleblower themselves with significant personal and professional risks, such as retaliation from employers or being blackballed from an industry in high-profile whistleblower cases. Recognizing these risks, New Jersey has implemented robust legal protections for whistleblowers under the Conscientious Employee Protection Act (CEPA).

New Jersey's CEPA is one of the most comprehensive whistleblower protection laws in the United States. It is designed to shield employees who report wrongdoing from retaliatory actions by their employers. This legislation underscores New Jersey's commitment to fostering an ethical workplace environment and supporting employees who take a stand against misconduct. Recent whistleblower cases in New Jersey, such as the NJ Transit whistleblower who faced retaliation for reporting safety violations, and the Jersey City Medical Center nurse who was terminated after raising concerns about patient care, highlight the importance and impact of CEPA.

For those who face issues with their employer, Brandon J. Broderick, Attorney at Law is one of NJ’s top employment law attorneys. We are dedicated to helping clients obtain justice. More on NJ’s CEPA in the following article.

Understanding the Conscientious Employee Protection Act (CEPA)

The Conscientious Employee Protection Act, codified under N.J.S.A. 34:19-1 et seq., is New Jersey's primary whistleblower protection law. Enacted in 1986, CEPA is designed to protect employees from retaliation when they disclose or refuse to participate in activities that they reasonably believe to be illegal, fraudulent, or harmful to public health, safety, or welfare. The law applies to both public and private sector employees and provides a wide range of protections.

Key Protections of CEPA

CEPA covers several types of whistleblowing activities, including:

• Disclosure of Wrongdoing: Employees are protected when they report or threaten to report activities, policies, or practices that they reasonably believe violate laws, rules, or regulations.
• Testifying or Providing Information: Employees who testify or provide information to public bodies conducting investigations or hearings are protected under CEPA.
• Refusal to Participate in Illegal Activities: Employees who refuse to engage in activities they reasonably believe are illegal, fraudulent, or harmful are safeguarded by CEPA.
• Objecting to Violations: Employees who object to or refuse to participate in activities they reasonably believe are incompatible with public policies or standards are also protected.

Protections Against Retaliation

CEPA prohibits employers from taking retaliatory actions against employees who engage in protected whistleblowing activities. Retaliatory actions can include:

• Termination: Firing an employee for whistleblowing is a clear violation of CEPA.
• Demotion or Reduction in Hours: Employers cannot demote or reduce the hours of a whistleblowing employee.
• Harassment or Discrimination: Any form of harassment or discrimination against a whistleblower is prohibited.
• Unfavorable Changes in Employment Conditions: Negative changes in job assignments, salary, benefits, or other conditions of employment as a form of retaliation are not allowed.

Filing a CEPA Claim

If you believe you have been retaliated against for whistleblowing, it is important to take the following steps to protect your rights under CEPA:

1. Document the Retaliation: Keep detailed records of all retaliatory actions, including dates, times, and descriptions of incidents. This documentation will be essential in supporting your claim.
2. Report Internally: If possible, report the retaliation to your employer's human resources department or a higher-level manager. This step can help demonstrate that you attempted to resolve the issue internally.
3. File a Complaint: You can file a complaint with the New Jersey Division on Civil Rights or initiate a lawsuit in state court. CEPA claims must be filed within one year of the retaliatory action.

Legal Remedies

Employees who successfully prove a CEPA claim may be entitled to various remedies, including:

• Reinstatement: Returning to their former position if they were terminated.
• Back Pay and Benefits: Compensation for lost wages and benefits due to the retaliatory actions.
• Compensatory Damages: Compensation for emotional distress, pain, and suffering caused by the retaliation.
• Punitive Damages: In cases of egregious conduct by the employer, punitive damages may be awarded to punish the employer and deter future violations.
• Attorney's Fees and Costs: Reimbursement for legal fees and other costs associated with pursuing the claim.

Why Legal Representation Is Important

Navigating a CEPA claim can be complex. An experienced employment law attorney can provide invaluable assistance, such as:

• Evaluating Your Case: Assessing the merits of your claim and advising on the best course of action.
• Gathering Evidence: Collecting and organizing the necessary documentation to support your claim.
• Representing You: Advocating on your behalf in negotiations, mediations, and court proceedings to ensure your rights are protected and you receive the compensation you deserve.

Call Us Today For Legal Help

If you have faced retaliation for whistleblowing, Brandon J. Broderick, Attorney at Law, is here to support you. Our dedicated team of attorneys has extensive experience handling CEPA claims and is committed to helping you navigate the legal process with confidence. We understand the challenges you face and are dedicated to protecting your rights and securing the justice you deserve.

Contact us today for a free consultation to discuss your case.