What Are The Legal Protections Afforded to Whistleblowers?

Whistleblowers are protected from discrimination and retaliation. The New Jersey Conscientious Employee Protection Act (CEPA) protects whistleblowers. Whistleblowers are employees who report illegal or fraudulent activity their employer commits in the workplace. CEPA is frequently known as New Jersey’s “Whistleblower Act” because it prohibits employers from retaliating against employees who report illegal activity in the workplace.

Whistleblower Protections Under the New Jersey Conscientious Employee Protection Act (CEPA)

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. 

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 (such as termination) in connection with the reporting of the violation.

Qui Tam Claims Are Protected by Federal Law

If an individual has evidence of fraudulent activity against the United States government, he or she may decide to come forward as a whistleblower with that evidence and file a qui tam lawsuit under the federal False Claims Act. As with CEPA whistleblower claims, employees who follow qui tam action are protected against retaliation. Violations under the False Claims Act include, but are not limited to:

• Presenting a claim for payment to the federal government knowing it is false or fraudulent.
• Attempting to get a claim paid by the federal government using a false record or statement.
• Conspiring with other individuals to get the federal government to pay for a false or fraudulent claim.
• Intentionally using false records or statements to avoid satisfying a financial obligation or transmit property to the federal government.
• Overcharging for goods and services provided by government contracts.
• Knowingly selling products that are defective or dangerous.
• Marketing drugs for uses that have not been approved by the FDA.

An employer faces a civil penalty of $5,000 to $10,000 for each violation of the False Claim Act, while the qui tam plaintiff who initiated the action is entitled to 15 to 30 percent of that penalty – regardless of whether the sum is paid by court order or via settlement. Additionally, a prevailing party in a qui tam case who suffered retaliation in the form of demotion or termination is entitled not only to job reinstatement but also an award of double back pay.

Retaliation For Employment Discrimination

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 can file a claim with the U.S. Equal Employment Opportunity Commission (EEOC).

As with any other whistleblower claim, it is illegal for an employer to retaliate against an employee who reports workplace harassment or discrimination or files a claim with the EEOC.

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 one of our office locations today 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, New York, and Pennsylvania.