McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

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What is The Conscientious Employee Protection Act (CEPA)?

The New Jersey Conscientious Employee Protection Act (CEPA) protects employees who come forward to report illegal and fraudulent activities and employer commitments. CEPA is frequently referred to as New Jersey’s whistleblower statute and prohibits employers from retaliating against employees who report such activity. Wrongful termination, demotion, job transfers, or any form of intimidation, abuse, or harassment is considered unlawful when taken against an employee who exercises their legal right to report corruption.

What Are Protected Activities Under CEPA?

The Conscientious Employee Protection Act (CEPA) protects employees who engage in “whistleblowing” activities from retaliation. This includes reporting, or threatening to report, activities that the employee reasonably believes are illegal or in violation of public policy, including health, safety, and environmental regulations. CEPA also protects employees who refuse to participate in activities they believe to be unlawful, unethical, or against public policy, as well as those who provide information or testify in any investigation, hearing, or inquiry about these activities.

What Damages Are There Under CEPA?

Under CEPA, employees who have been retaliated against can seek a range of remedies, including:

  • Reinstatement to their former position with the same seniority status.
  • Compensation for lost wages, benefits, and other remuneration.
  • Damages for emotional distress and pain and suffering.
  • Punitive damages to punish the employer for particularly egregious behavior.
  • Coverage of legal fees and costs incurred in pursuing the claim.

Related FAQs

  • What is a Whistleblower?

    Whistleblowers are employees who report unsafe or unlawful practices that occur in the workplace.

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  • If I Am Successful In A Whistleblower Claim, What Am I Entitled To?

    Employees who shed light on wrongdoing by their employer are protected under state and federal law, and can receive:

    • Reinstatement to their position;
    • Back pay; and
    • In some cases, a portion of whatever funds government officials recoup from the offending employer.

  • If I Speak Out About Misconduct By My Employer, Can I Be Terminated?

    No. Employees who voice concerns about unsafe work conditions or object to illegal business practices cannot be fired on the basis of those complaints.

    Known as whistleblowers, these workers are shielded from wrongful discharge by the New Jersey Conscientious Employee Protection Act (CEPA). Under the CEPA, employees are protected from retaliation such as demotion or termination after speaking out about misconduct by their employer.

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  • What Actions are Covered as Whistleblowing?

    Under CEPA, employers cannot retaliate against employees who:

    • Inform a supervisor or the public about an illegal activity, policy, or practice
    • Provide information or testifies during an investigation, hearing, or inquiry involving the employer
    • Provide information that the employer deceived or misrepresented a shareholder, client, investor, or patient
    • Provide information about an activity on behalf of the employer that they believe to be illegal
    • Object to, or refuse to participate in, an activity, policy, or practice that they believe is illegal or against the best interest of public health or safety

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  • Are Whistleblowers Protected from Retaliation?

    Yes, whistleblowers are protected from retaliation. The New Jersey Conscientious Employee Protection Act (CEPA) protects employees who come forward to report illegal and fraudulent activities their employer commits. CEPA is frequently referred to as New Jersey’s “Whistleblower Act” and prohibits employers from retaliating against employees who report such activity.

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  • Can I Blow the Whistle Anonymously?

    Courts generally want lawsuits to be transparent to the public and complete anonymity is not always possible. However whistleblowers are protected in other ways: 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.

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  • Is Your Post Considered Concerted Activity?

    Employees (union and nonunion) who share information in an effort to improve their working conditions are protected under The National Labor Relations Act (NLRA).  This is considered “protected concerted activity” because it is for the “purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.” www.nlrb.gov.

    Examples of protected concerted activity may include employees discussing their concerns about salary or working conditions or employees wearing political buttons or shirts referring to a topic protected by the NLRA, such as “X candidate favors improved healthcare.”

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  • Is Your Speech Protected if You are a Whistleblower?

    The New Jersey Conscientious Employee Protection Act (CEPA) protects whistleblowers who speak out about their employer’s potential legal violations. www.nj.gov. CEPA prohibits employers from retaliating against employees who have complained about a practice that the employee reasonably believes is unlawful or indisputably dangerous to the public health, safety or welfare.  Several federal whistleblower laws also protect employees from disclosing fraud such as the False Claims Act.

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