If you have recently reported something illegal, unethical, or unsafe at your workplace, you are considered a “whistleblower.” While speaking up can make a significant difference in safeguarding the public and improving working conditions, it’s understandable that you may be worried about your employer retaliating against you. Please continue reading to learn how New Jersey law protects employees who report or object to an organization’s unlawful activities and how an experienced Gloucester County Workplace Retaliation Lawyer can help you determine the best course of action.
What is Whistleblowing?
First and foremost, whistleblowing is essentially the act of an employee or insider reporting illegal, immoral, unsafe, or fraudulent activity happening within their organization. It is helpful to think of it as shining a light on hidden misconduct, like financial fraud, serious safety violations, or corruption, that could harm the public or the company itself.
The report can be made internally to Human Resources (HR) or externally to law enforcement, regulators, or even the media, with the primary objective of exposing and putting a stop to the company’s wrongdoing. Common examples of misconduct that get reported include financial misconduct, failure to adhere to safety regulations, discrimination, harassment, or breaking environmental or labor laws.
What Are New Jersey’s Whistleblower Protection Laws?
New Jersey protects whistleblowers extensively through the implementation of the Conscientious Employee Protection Act (CEPA). It offers significant protection to employees who report or object to employer activities they reasonably believe are illegal, fraudulent, or in violation of public health and safety standards. CEPA explicitly prohibits employers from retaliating against whistleblowers through actions like firing, demotion, or harassment.
The key provisions of CEPA include:
- Protected Activities: New Jersey employees are shielded from negative actions when they report, object to, or refuse to participate in activities that are illegal or violations ruls and regulations.
- Retaliation: New Jersey employers are forbidden from taking adverse actions against workers, including termination, demotion, reducing pay or benefits, or making other negative changes in the workplace.
- Standard of Proof: Employees don’t need to definitively prove an actual legal violation occurred. They are granted the protection as long as they have a good-faith, “reasonable belief” that a violation took place.
It should be noted that CEPA applies to all employers in the Garden State, including both public and private sector entities.
What Steps Should I Take If I’m Experiencing Whistleblower Retaliation?
In the unfortunate event that you are facing retaliation for being a whistleblower, it is crucial to understand the steps you need to take to protect your rights. First and foremost, you will need to document all incidents, securing evidence like emails and performance reviews. It is advisable to maintain a timeline of events, noting when you made your report and when the retaliation began.
From here, you should review your employee handbook. Check to see what it says about reporting issues and complaints. You should report the retaliation itself to a compliance authority. Finally, you should speak to your co-worker. If your colleagues saw the conduct, they may be willing to give a statement that can support your claim.
For guidance and skilled representation during these difficult times, it is in your best interest to contact an experienced attorney at The Vigilante Law Firm. Contact us today to schedule a confidential consultation.
