At NJ Employment Lawyers, we have extensive experience litigating whistleblower retaliation cases. Although all employees in New Jersey have a right to complain about and report wrongdoing by their employers, blowing the whistle takes courage. We are dedicated to protecting the rights of whistleblowers and helping them obtain the compensation they deserve.
Whether you have information about potentially illegal or unethical conduct by your employer or you have suffered whistleblower retaliation, we can help. Our attorneys have comprehensive knowledge of the federal and state laws that protect whistleblowers and will work to hold your employer accountable.
We understand your concerns about losing your job and the damage blowing the whistle can cause to your reputation so we will provide you with a safe environment in which you can make informed decisions about the next steps. When your livelihood and future are on the line, you can depend on us to be by your side. Contact our office today to get started with an experienced whistleblower attorney.
How New Jersey Law Protects Employees from Whistleblower Retaliation
In New Jersey, whistleblowers are protected under the Conscientious Employee Protection Act (CEPA). In particular, employees cannot be retaliated against for taking part in the following legal activities:
- Reporting – This includes complaining, reporting, or disclosing information to a supervisor or public entity about illegal activities by their employer or violations of safety or security standards
- Filing – Employees have a right to take legal action against their employer, whether through litigation, arbitration, or an administrative proceeding
- Testifying – Employees cannot be punished for testifying in a legal proceeding about an employer’s misconduct
- Opposing – Employees can refuse to participate in any activity that they reasonably believe is illegal
To qualify for whistleblower protection under the CEPA, you must be able to prove:
- You were fired, demoted, punished, harassed, or retaliated against in other ways for taking part in protected legal activity
- Your employer was aware that your actions were protected whistleblower conduct
- You were retaliated against for whistleblowing
- You reasonably believed that your employer’s conduct was illegal
Proving that you were subjected to whistleblower retaliation is challenging, which makes it essential to have a dedicated New Jersey whistleblower attorney in your corner.
Whistleblower Protections Under Federal Law
There are several federal laws that permit employees to report illegal activities by their employers and protect them against whistleblower retaliation, including:
- False Claims Act (FCA) – Under the FCA, employees can participate in qui tam claims against employers that allegedly defrauded the federal government
- Dodd-Frank Act – Enacted after the financial crisis of 2008, Dodd-Frank protects employees who blow the whistle on alleged securities law violations by employers and awards a percentage of a settlement or enforcement action
- Sarbanes Oxley Act – Employees are protected against retaliation for reporting accounting fraud or other wrongdoing by officers and directors of publicly-traded companies
- Fair Labor Standards Act (FLSA) – Employees who complain about wage violations are protected against employment retaliation
- Title VII of the Civil Rights Act of 1964 (Title VII) – Title VII prohibits employers from taking adverse employment actions (e.g. firing, demoting) against employees who complain about or report discrimination and harassment
- Whistleblower Protection Act – This law is designed to protect federal employees against retaliation for reporting misconduct at government agencies
Under these laws, whistleblowers are protected against adverse employment actions, discrimination, harassment, and other types of retaliation. If you have been subjected to whistleblower retaliation for exercising your legal rights, it takes a skilled lawyer to help you obtain just compensation for your efforts.
How NJ Employment Lawyers Can Help With Your Whistleblower Retaliation Claim
When you become our client, we will leverage our knowledge and experience to help you fight back against whistleblower retaliation. We are keenly aware of the tactics that employers use against employees who blow the whistle, such as:
- Refusing to act on a valid complaint
- Firing an employee who complains about or reports illegal activity or safety violations
- Demoting a reporting employee
- Subjecting a whistleblower to a hostile work environment
You can depend on our whistleblower attorney to thoroughly investigate your claim by:
- Obtaining and reviewing personnel files
- Interviewing witnesses, such as coworkers and supervisors
- Collecting emails, internal memos, text messages, chat room discussions, and other pertinent evidence that you were retaliated against
- Negotiating a reasonable settlement with your employers and their attorneys
While we typically work to resolve whistleblower retaliation claims through settlement negotiations, our trial-ready approach will give you an advantage at the bargaining table or in the courtroom.
Damages You Can Recover In A Whistleblower Retaliation Claim
Depending on the circumstances, you may be awarded damages such as:
- Back pay
- Front pay
- Lost employee benefits
- Pain and suffering
- Emotional distress
- Liquidated damages to punish your employer for retaliating against you
- Attorneys’ fees and court costs
In addition, equitable remedies are available under CEPA. Your employer may be ordered to reinstate you if practicable and take corrective action to prevent future violations of the law.
Contact Our Experienced New Jersey Whistleblower Attorneys
It takes courage to blow the whistle on illegal activity or safety violations in the workplace. Our whistleblower attorneys are here to help you fight back against retaliation. Contact our office today to discuss your case in confidence.