A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity.
New Jersey Conscientious Employee Protection Act (“CEPA”)
Our firm assists employees who have been retaliated against for blowing the whistle on illegal and/or unethical practices in their workplace.
Our clients who work in New Jersey benefit from the protections of the New Jersey Conscientious Employee Protection Act, N.J. Stat. § 34:19-1, also known by its acronym “CEPA,” or the “Whistleblower Act.” This law protects employees who report on their employers’ violations of the law or public policies, from retaliation by their employers. This is true whether the employee works for a private or a public employer.
New Jersey’s Whistleblower Act was enacted nearly 30 years ago, and is based on the public policy of encouraging and protecting whistleblowers, and discouraging employers from engaging in illegal conduct. For years, New Jersey has had one of the strongest laws in the country protecting whistleblowers in the workplace. In fact, CEPA’s protection goes beyond that afforded by federal statutes, and such broad and comprehensive protection is not the standard in other states.
So who exactly is a whistleblower? CEPA defines a whistleblower as an employee who either (1) discloses, or threatens to disclose, to a supervisor or to a public body that the employer took action that the employee reasonably believes to be a violation of the law; (2) provides information to, or testifies before, any public body investigating the employer’s alleged violations; OR (3) objects to, or refuses to participate in any of the employer’s activities, policies, or practices which the employee reasonably believes is fraudulent or criminal, or which the employee reasonably believes violates the law or violates a public policy concerning the public health, safety, or welfare, or the protection of the environment. CEPA also has specific protections for employees who are licensed or certified health care professionals who reasonably believe that their employer has engaged in poor quality of patient care.
In order to be protected under CEPA, the employee must further prove that his or her employer took some sort of adverse action against him or her, such as a suspension, termination, or demotion, because the employee blew the whistle on the employer’s illicit activities.
Moreover, in New Jersey, a whistleblower only has to reasonably believe that his or her employer is violating a law or public policy. The employee does not have to know the specific law or source of the public policy that his or her employer is violating.
Here’s an example: a licensed practical nurse blows the whistle on her employer, which is a New Jersey nonprofit center servicing developmentally disabled adults. The nurse is fired after she complains to her supervisors that the center has been engaging in conduct that she reasonably believes is endangering the safety of the developmentally disabled adults. Under New Jersey’s Whistleblower Act, this nurse may have a legal cause of action against her employer.
Of course, there are many examples of whistleblowers and each case is different. Not all whistleblowing is protected under CEPA, as there are exceptions to the law. If you believe that you have been subjected to retaliation due to your whistleblowing activity, you should contact our firm and/or an experienced attorney, who can assess your matter carefully.
Do you believe you have been subjected to retaliation due to your whistleblowing activity? It’s important to act quickly to find out if you may have a claim under the New Jersey Conscientious Employee Protection Act. Since every situation is different, an experienced New Jersey employment attorney can help you fully understand your rights under the New Jersey Conscientious Employee Protection Act.
The attorneys at Hyderally & Associates are ready to help you. They have experience working with the New Jersey Conscientious Employee Protection Act, so they can review your situation to provide information that will help you decide if you would like to pursue a claim against your employer under the New Jersey Conscientious Employee Protection Act. Call an experienced employment attorney in New Jersey at (973) 509-8500.
This article is for informational purposes only. It does not constitute legal advice, and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This article may constitute attorney advertising. This article is not intended to communicate with anyone in a state or other jurisdiction where such an article may fail to comply with all laws and ethical rules of that state or jurisdiction.