Even before the Great Resignation, many workers acknowledged that doing the jobs on which they depended for money caused them to do things that weighed heavily on their conscience. From Dickens to Dilbert, writers have described the plight of the worker as having to witness awful things in order to prevent even worse things from happening. No one likes to be the one to tell financially struggling customers that it is not possible to waive that late fee; it is even worse when you see how much money your supervisors make. Unfair business practices are just the beginning. Some workplaces are cesspools of dishonesty, blame-shifting, bullying, and even outright criminal behavior. According to the law, though, your boss does not have the right to cheat people, abuse them, or put them in danger, and you have the right to speak out against it, whether the victims are employees, consumers, or the general public. To find out more about exercising your right to report workplace misconduct, contact a Red Bank whistleblowing and retaliation lawyer.
What is a Whistleblower?
A whistleblower is someone who exposes or speaks out against misconduct at the company or institution where the whistleblower is employed. These are just a few examples of types of misconduct that have been at the center of whistleblower cases:
- Financial crimes such as fraud, money laundering, or embezzlement
- Violation of safety regulations
- Deceitful business practices
- Widespread racial or gender discrimination
- Knowingly providing unsafe products to the public
- Failing to pay workers fairly
Whistleblowers can fight misconduct in a variety of ways. It can be as simple as refusing to participate in certain objectionable work tasks or complaining to supervisors or as elaborate as filing a formal complaint with a regulatory body or notifying law enforcement. In either case, whistleblowers often get pushback from their employers.
What is Retaliation?
Retaliation is when an employer takes an adverse action against an employee who has engaged in a protected activity. Whistleblower actions are protected activities, and so are filing workers compensation claims and requesting family leave, among others. Adverse actions include termination of employment, unfairly negative performance reviews, involuntary transfers, and creating a hostile work environment. Employer retaliation is against the law.
The Law Protects Whistleblowers Against Retaliation
New Jersey law offers many protections for employees who engage in whistleblower actions. At the state level, the Conscientious Employee Protection Act (CEPA) covers many whistleblower actions under the category of protected activities. Other laws that address employer retaliation against employees who complain about discrimination and other forms of misconduct include federal laws such as the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) of 1990, among others.
Contact an Employment Lawyer About Your Whistleblower Retaliation Case
A whistleblower retaliation lawyer can make the process of reporting misconduct less stressful and can help you recover compensation if you lost your job after filing a whistleblower claim. Contact McOmber McOmber & Luber in Red Bank, New Jersey to discuss your case.