Whistleblower Retaliation

State and federal law protect employees who report their employers’ illegal and wrongful conduct. Under New Jersey’s Conscientious Employee Protection Act (“CEPA”), N.J.S.A. 34:19-1 et seq., employer’s may be liable to an employee for taking adverse action against them if the employee did any one of the following:

  • Disclosed or threatened to disclose to a supervisor or a public body an activity, policy or practice of the employer or another employer, with whom there is a business relationship, that the Plaintiff reasonably believed is in violation of a law, or a rule or regulation promulgated pursuant to law.
  • Provided information to, or testified before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law by the employer or another employer, with whom there is a business relationship; or
  • Objected to, or refused to participate in an activity, policy or practice which Plaintiff reasonably believed:
    • is in violation of a law, or a rule or regulation promulgated pursuant to law or
    • is fraudulent or criminal; or
    • is incompatible with a clear mandate of a public policy concerning the health, safety, or welfare or protection of the environment.

Retaliation includes not only discharge, but also suspension, demotion or any other adverse employment action taken against an employee in the terms and conditions of employment.

In addition to CEPA, New York’s whistleblower statutes and the federal Whistleblower Protection Act also hold employer’s accountable for retaliating against whistleblowers by suspending, firing, demoting, or taking other adverse actions against them.

If your employer has retaliated against you for disclosing or threatening to disclose what you reasonably believed was illegal or wrongful conduct, our New York and New Jersey whistleblower lawyers can help you. Call us at (973) 509-8500 to schedule a free consultation.