When a New Jersey employee reports their employer for illegal or unethical activity like fraud, unsafe working conditions, or other misconduct, they are known as a whistleblower. Despite having protections under both state and federal law, some employers will attempt to retaliate against the employee through termination, demotion, or other adverse employment actions. Luckily, there are laws in place to protect whistleblowers. Read on to learn more about whistleblower rights in New Jersey.
What Is a Whistleblower Under New Jersey Law?
A whistleblower is an employee who reports conduct they have a reasonable belief is illegal, fraudulent, unethical, or dangerous to the health and safety of others. New Jersey has some of the most robust whistleblower protections in the country through both state and federal laws.
Whistleblower claims can arise in workplaces and industries across New Jersey, including healthcare facilities, government agencies, manufacturing sites, and corporate offices in Gloucester County, Camden County, and the surrounding Central Jersey communities.
Common Examples of Whistleblower Activity
- Reporting workplace discrimination or harassment
- Reporting violations of state or federal laws
- Reporting environmental violations
- Refusing to participate in illegal activity
- Reporting patient safety violations (for healthcare employees)
- Reporting wage and hour violations
Important Takeaways
- Employees do not have to prove illegal conduct has actually occurred in order to receive protections
- Reasonably held belief that wrongdoing occurred is often sufficient
- Protection can apply to internal reports
- Retaliation is prohibited in most circumstances
What Does Retaliation Look Like?
There are various ways in which employers can retaliate against whistleblowers who report dangerous working conditions, illicit financial acts, and other forms of illegal conduct.
Common Forms of Whistleblower Retaliation
- Blacklisting
- Demotion
- Disciplinary action
- Denying overtime pay
- Reducing pay or salary
- Wrongful termination
- Reduced working hours
- Workplace harassment
- Transfer to less desirable duties
- Loss of promotion opportunities
Signs of Retaliation
- Sudden disciplinary action after reporting misconduct
- Hostile work environment and treatment from supervisors
- Termination shortly after reporting
- Decreased compensation or benefits
What New Jersey Laws Protect Whistleblowers?
Employees in New Jersey are protected by both state and federal whistleblower laws, which were implemented to help employees report wrongdoing by their employers without fear of retaliation.
Federal Whistleblower Protections
The federal laws that protect whistleblowers include the Sarbanes-Oxley Act and the Whistleblower Protection Act, among others.
What the Whistleblower Protection Act Covers
The Whistleblower Protection Act protects federal employees and applicants for employment who disclose information that they believe proves one of the following:
- A gross waste of funds
- A “substantial and specific” danger to public health or safety
- An abuse of authority
- Gross mismanagement
- The violation of a law, rule, or regulation
New Jersey’s Conscientious Employee Protection Act (CEPA)
- CEPA is generally referred to as New Jersey’s whistleblower law
- CEPA provides protection for many private- and public-sector employees
- Employees can receive protection when reporting unlawful conduct
- Employees can also be protected when refusing to participate in unlawful activity
- CEPA is generally considered one of the most robust whistleblower protection laws in the United States
What Is OSHA’s Whistleblower Protection Program?
The Occupational Safety and Health Administration (OSHA) enforces whistleblower protections in accordance with multiple federal laws. Those who report unsafe working conditions or safety violations in their place of work may have legal protection against retaliation.
Situations That May Trigger OSHA Whistleblower Protection
- Reporting workplace safety violations
- Reporting unsafe equipment and machinery
- Reporting exposure to harmful substances
- Filing workplace safety complaints
- Participating in OSHA investigations
Potential Employer Violations
- Terminating employees who report workplace safety concerns
- Reducing hours following a safety complaint
- Demoting employees for cooperating with OSHA investigations
- Threatening employees who bring up safety concerns
What Should You Do if You Believe Your Whistleblower Rights Were Violated in New Jersey?
Employees in New Jersey who believe they are the target of retaliation by their employer should act quickly, as legal deadlines may apply.
Important Steps to Take
- Preserve all communications, including texts, letters, emails, and other written interactions
- Maintain copies of performance reviews
- Document all incidents of retaliation
- Create a timeline of events
- Keep records of complaints filed with your employer or government agencies
- Connect with an experienced employment attorney as soon as possible to discuss your legal options
Contact Our Gloucester County Employee Defense Firm
If you believe that you have been retaliated against or that your whistleblower rights were violated, you will need the help of an experienced employment law attorney with the Vigilante Law Firm, P.C. Our firm is here to help. Reach out today to discuss your case with a skilled and dedicated employment law attorney. Contact us today to schedule a consultation so we can assess the specific circumstances surrounding your lawsuit.
