What is Protected Whistleblowing?

What is Protected Whistleblowing?

Protected whistleblowing is covered by laws and regulations that allow employees to report their concerns without fear of being fired, demoted, harassed, or otherwise punished by their employer. Such protections typically cover reports to supervisors, government agencies, or other relevant authorities. However, not all whistleblowing is protected by law, meaning potential whistleblowers could face retaliation for their actions.

Does New Jersey Have Specific Whistleblower Laws?

Yes, New Jersey has specific whistleblower laws, primarily the Conscientious Employee Protection Act. CEPA is one of the most comprehensive whistleblower protection statutes in the United States, providing robust protections for employees who report illegal, unethical, or harmful workplace activities.

What Types of Whistleblowers Are Protected by Law?

Protected types of whistleblowing generally include reporting legal violations, public interest disclosures, fraud and corruption, financial misconduct, health and safety violations, and environmental violations. Disclosures that expose activities harmful to the public interest, including corruption and abuse of power, are also safeguarded.

What if Whistleblowing is Part of My Job?

Even when reporting misconduct is a job responsibility (such as compliance, safety inspections, etc.), you cannot be retaliated against for performing these duties. The law acknowledges the potential for conflict between employers’ interests and the need for employees to report wrongdoing.

Who is Not Protected by Whistleblower Laws?

Whistleblower laws typically do not protect employees who report personal grievances related to workplace disagreements, conflicts, or job dissatisfaction that do not involve legal violations or matters of public interest. Additionally, contractors and subcontractors might not be covered under some whistleblower laws, depending on the jurisdiction and specific regulations.

Whistleblowers who fail to follow proper reporting procedures, such as bypassing internal mechanisms or regulatory bodies, may also lose protection. Furthermore, individuals who make malicious or false reports with the intent to harm others are not protected and may face legal consequences.

What Happens if a Whistleblower is Wrong?

As long as the whistleblower acted in good faith and truly believed that what they were disclosing was true, New Jersey laws like CEPA offer protections even if the allegations end up being wrong. However, malicious or knowingly false reports can lead to serious repercussions.

What Damages and Remedies Are Available Under CEPA?

Under the New Jersey Conscientious Employee Protection Act (CEPA), employees who suffer retaliation for whistleblowing can seek several remedies, including:

• Reinstatement to their former job position.
• Compensation for lost wages and benefits.
• Compensation for emotional distress.
• Payment of legal costs and attorney fees.
• Potential punitive damages if the employer’s conduct was particularly egregious.

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. Contact us today.