Whistleblower protection laws forbid employers from firing, demoting, or otherwise punishing an employee for disclosing or refusing to participate in illegal conduct. Without these laws, employees would have little ability to object to business activities they believe are illegal or dangerous. Whistleblower protection laws are essential to the functioning of our democracy.
However, even though these laws exist, blowing the whistle can be an incredibly scary experience. Even if you are confident that you are right, and that you would win a whistleblower retaliation lawsuit, potentially suffering consequences for listening to your conscience can be an intimidating prospect.
At Green Savits, LLC, we will have your back. Our New Jersey employment attorneys have extensive experience and a successful track record representing whistleblowers. If you were retaliated against by your employer for exposing or threatening to expose illegal conduct, we will fight for you. This blog breaks down how to file a whistleblower claim in New Jersey.
The New Jersey Conscientious Employee Protection Act, or CEPA, is one of the strongest whistleblower protection statutes in the country. It prohibits employers from retaliating against employees for the following activities:
CEPA forbids employers from taking any adverse action against employees who blow the whistle. Prohibited adverse actions include:
If you believe your employer is breaking the law, your first step should be to consult with the attorneys at Green Savits, LLC. We will evaluate the situation and advise you on how to proceed.
Next, you should bring the violation to the attention of your supervisor. This is a necessary step to filing a whistleblower claim. Your employer must have a reasonable opportunity to correct the issue. However, if your supervisor knows about the violation or you fear immediate physical retaliation and the situation is an emergency, you do not have to notify them.
Finally, if you are retaliated against, you can file a claim in the appropriate court. Under CEPA, there is only a one-year statute of limitations, so you must file quickly. If you file a lawsuit under CEPA, you waive your rights available under your employment contract or collective bargaining agreement.
In a whistleblower retaliation claim, you can recover damages including:
Depending on the severity of the conduct, your employer may also be penalized with civil fines and punitive damages.
At Green Savits, LLC, our track record of defending whistleblowers speaks for itself. Abbamont v. Piscataway Board of Education, the first New Jersey whistleblower case to be decided in the whistleblower's favor, was tried and litigated in the New Jersey Supreme Court by our partner Glen Savits.
Mr. Savits and fellow partner Jon Green also successfully argued in Green v. Jersey City Board of Education, in which the New Jersey Supreme Court ruled that whistleblowers can collect punitive damages.
If you believe your employer is engaging in illegal conduct, don't let fear stop you from listening to your conscience. We will aggressively defend your rights as a whistleblower and help you recover the compensation you deserve.
We serve Florham Park and nearby areas of northern and central New Jersey. Call (973) 695-7777 today to schedule a consultation.
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*No aspect of this advertisement has been approved by the Supreme Court of New Jersey. For Super Lawyers methodology, see www.superlawyers.com.