How are whistleblowers protected in NJ?

In the state of New Jersey, you are protected by law as a whistleblower. The Conscientious Employee Protection Act, or “CEPA”, is a broad New Jersey State wide whistleblower law. CEPA essentially will protect you from retaliation in the workplace- what does this mean? Being fired, demoted, passed up for a promotion, even harassed for your beliefs that something was not rightfully done by the law.

What does the CEPA do?

CEPA will protect employees from various different “protected activities” such as refusing to participate in or objecting to:

1) a violation of a law or legal regulation

2) fraudulent or crime

3) it is incompatible with a legal requirement relating to public health, safety or welfare

CEPA protects those who provide information to, or testify before, a public body that is investigating, hearing or inquiring about a potential violation of law by their employer, other employee, or business who does business with their employer. Further, CEPA protects physicians, nurses, social workers, and more who refuse to participate or disclose an activity that they believe constitutes improper quality of patient care.

CEPA Protection

It is important to note that the protection does not apply unless the employee has given written notice of the violation to a supervisor and allotted a reasonable amount of  time for correction, except if the employee reasonably fears physical harm and the situation is an emergency. An employee making a CEPA claim must establish that they had a reasonable belief that the employer’s/organization’s conduct was illegal or violated public policy, rather than a misjudgment by the employer. 

Filing must be within 1 year of the retaliation act as provided for in the Conscientious Employee Protection Act. It is important to contract an attorney who will guide you in filing the lawsuit and through the trial. An employee is eligible to recoverable damages such as reinstatement, recovery of lost wages and benefits and compensation rewards.

Know Your Rights 

Whistleblowers disclose information about unfair/unsafe practices at the risk of victimization and retaliation leading to stress and emotional trauma. Other than the risk of losing their jobs, whistleblowers face the potential of segregation and discrimination by other employees causing isolation and loneliness. The Whistleblower Protection Act aims to shield whistleblowers from the impact of victimization. Lawyers, like David Kaplan, are here to help you file a whistleblower lawsuit.

If you feel you may have a claim against an employer for retaliation after a whistleblower claim, contact NJ whistleblower lawyer, David Kaplan to protect your civil rights.