New Jersey law prevents individuals from being retaliated against for refusing to participate in activities or practices that knowingly violate the law. The Conscientious Employee Protection Act (CEPA), which is also known as the Whistleblower Act, is designed to protect employees from being terminated or otherwise treated negatively for speaking out against illegal or fraudulent practices. In order to protect yourself, you must know what qualifies as whistleblowing as well as what is and is not permissible for employers to do by law.
What Does CEPA Protection Provide?
According to CEPA, employees are within their rights to refuse to participate in any activities or practices that are:
- In violation of the law
- Criminal or fraudulent
- In violation of public health, safety, welfare, or protection of the environment
CEPA also protects individuals who threaten to disclose information to clients or others who may be affected by the practices. Furthermore, those who actively participate in an investigation or provide details about any criminal activity cannot be retaliated against. The law protects both public and private employees and specifically singles out any medical professionals who believe patients are being improperly cared for. If the whistleblower is employed by a state or federal agency that does business or contracts with a federal or state agency, the whistleblower may become involved in a qui tam case protected under the auspices of the False Claims Act (FCA) and could be entitled to a percentage of the recovery amount as a reward for reporting the information.
It is important to note that anyone who believes an employer is participating in fraudulent or illegal practices must provide notice in writing to a supervisor and provide a reasonable time for the violation to be corrected. However, this is not always possible for fear of being terminated. This is where the assistance of a lawyer may be helpful in ensuring your rights are protected and you have proper representation if you are asked to testify at a formal hearing or provide additional information.
What if My Rights Have Been Violated?
Although the law is designed to protect employees, the fact of the matter is that individuals are often still subject to numerous types of retaliation, including termination, suspension, demotion, pay cuts, poor performance reviews, intimidation, abuse, harassment, and transfer of their employment location or job duties.
If you believe you have been the subject of retaliation, it is important to act swiftly, as employees have a year to file a lawsuit against their employer. In addition to being returned to the position you were fired or demoted from, you may be eligible for back wages and benefits, as well as compensation for pain and suffering, punitive damages, and possibly even your legal fees for pursuing the matter.
What Other Laws Protect Me From Retaliation?
While not all laws directly address whistleblowing, there are a number of laws that can assist in addressing retaliation. For example, the New Jersey Law Against Intimidation prohibits discrimination based on race, sex, sexual orientation, age, ethnicity, disability, and religion. Meanwhile, the Occupational Safety and Health Administration (OSHA) protects employees from unsafe work conditions and environmental violations, as well as fraud and anti-money laundering laws.
Find Answers to Your Toughest Employment-Related Questions With the Marlton Employment Lawyers at Burnham Douglass
You do not have to wait until you report an incident to consult a lawyer. Doing so beforehand can ensure your rights and your job are protected. Talk to the Marlton employment lawyers at Burnham Douglass for advice, guidance, and a recommendation on the best course of action. Call 856-751-5505 or contact us online for a free consultation. We have offices in Marlton and Northfield, New Jersey.