The New Jersey Conscientious Employee Protection Act (CEPA) protects employees who report any illegal and fraudulent activities in the scope of their employment. CEPA prohibits employers from retaliating against employees who report or object to this perceived misconduct.
Can A Whistleblower Remain Anonymous in NJ?
Many whistleblowers want to remain anonymous in New Jersey after reporting illegal actions of their employers. Employees who witness illegal or unsafe activity committed by their employer may want to report the activity but fear retaliation by their employer. CEPA makes this retaliation by their employer unlawful and provides serious consequences for any such retaliation. While courts generally want lawsuits to be transparent to the public and complete anonymity is not always possible, there may be methods to protect your identity in certain circumstances.
CEPA is frequently called New Jersey’s “Whistleblower Act” and prohibits employers from retaliating against employees who report such activity. Under CEPA, it is illegal to retaliate against employees who:
- Informs a supervisor or the public about an illegal activity, policy, or practice.
- Provides information or testifies during an investigation, hearing, or inquiry involving the employer.
- Provides information that the employer deceived or misrepresented a shareholder, client, investor, or patient.
- Provides information about an activity on behalf of the employer that they believe to be illegal.
- Objects to, or refuses to participate in, an activity, policy, or practice that they believe is illegal or against the best interest of public health or safety.
When a suspected violation does not involve a danger to the workforce or public, such as failure to pay overtime or the state-mandated minimum wage, CEPA requires that the employee first bring their concerns to the attention of a supervisor. If a supervisor takes no action or retaliates, the employee may be protected. CEPA – which applies to companies with a workforce of 10 or more – ensures that the employee may not be subject to any adverse employment action concerning the reporting of the violation.
Under CEPA and the New Jersey Law Against Discrimination (NJLAD), employees who report unsafe or illegal activity in the workplace are protected from discrimination and retaliation.
The New Jersey Law Against Discrimination (NJLAD) protects employees against employment discrimination based on certain protected classes, including pregnancy discrimination, sexual harassment in the workplace, age discrimination, race discrimination, and more. Employees who feel they have been discriminated against in the workplace may be able to file a lawsuit directly in court, or they may be required to first file a claim with the U.S. Equal Employment Opportunity Commission (EEOC).
It is illegal for an employer to retaliate against an employee who reports workplace harassment or discrimination.
We are here for you
If you have reason to believe your employer has violated the law, or you have been the victim of retaliation for speaking up, McOmber McOmber & Luber, P.C. can help you understand your rights and options.
Red Bank Whistleblower Lawyers At McOmber McOmber & Luber, P.C. Represent New Jersey Whistleblowers In Retaliation Claims
You have the right to report your employer’s unsafe or illegal practices without fear of retaliation. To share your story, contact an experienced Red Bank whistleblower lawyer at McOmber McOmber & Luber, P.C. today. Call our Red Bank office at 732-842-6500, our Newark office at 973-878-9040, or our Marlton office at 856-985-9800 to discuss your case or contact us online. We offer free consultations to clients in Marlton, Cherry Hill, Middletown, Red Bank and throughout New Jersey.