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McOmber McOmber & Luber, P.C.

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732-842-6501
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Whistleblower Retaliation | Header Image | McOmber McOmber & Luber

Whistleblower Retaliation

New Jersey Whistleblower Retaliation Attorney

When employees discover their employer is involved in illegal or unsafe practices, they may wonder whether they should report it and if they’ll be protected from retaliation. Whistleblowers play a crucial role in holding employers accountable, and New Jersey’s whistleblower laws provide strong protections for those who step forward. A skilled New Jersey whistleblower attorney can help safeguard your rights and pursue any financial compensation for valid claims.

At McOmber McOmber & Luber, P.C., our experienced team defends whistleblowers across New Jersey, New York, Pennsylvania, and beyond. We protect employees who report unlawful conduct, ensuring they are shielded from retaliation, including termination, demotion, or harassment.

The New Jersey Conscientious Employee Protection Act (CEPA)

New Jersey’s Conscientious Employee Protection Act —commonly known as “CEPA” or the state’s “Whistleblower Act”—is one of the most comprehensive whistleblower protection laws in the country. Under CEPA, employees who report illegal, unethical, or unsafe workplace practices are safeguarded from retaliation.

Employees are protected when they:

  • Report a violation of law, regulation, or public policy to a supervisor or public authority.
  • Provide information or testimony during an investigation, hearing, or inquiry involving the employer.
  • Refuse to participate in activities that they reasonably believe to be illegal or harmful to public health or safety.

In some instances, employees must first notify a supervisor of the violation. If the employer takes no corrective action or retaliates, employees can pursue a CEPA claim. These protections apply to all New Jersey companies with ten or more employees.

Refusing Unsafe or Illegal Job Orders

Employees in New Jersey have the right to refuse unsafe or unlawful work assignments. If your employer directs you to engage in dangerous activities, you are legally entitled to refuse. This protection extends beyond New Jersey state law—the Occupational Safety and Health Administration (OSHA) also provides federal protections against employer retaliation for reporting safety violations under acts like the Clean Air Act, Safe Drinking Water Act, and others.

Employees must notify their supervisor of safety concerns, and if the employer fails to act, they may file a complaint under OSHA regulations or CEPA.

Qui Tam Claims and the False Claim Act

Employees who uncover fraudulent activities targeting the federal government may file a qui tam lawsuit under the False Claims Act. The act protects whistleblowers from retaliation, and in successful cases, they may even receive recovered funds.

Examples of False Claims Act violations include:

  • Submitting fraudulent claims for payment from the federal government.
  • Overbilling or falsifying records to secure payment.
  • Selling defective or unapproved products, including pharmaceuticals.

Whistleblower Protection Against Employment Discrimination

In addition to reporting illegal practices, whistleblowers are also protected under the New Jersey Law Against Discrimination. If you face retaliation after filing a complaint of employment discrimination—whether based on race, gender, age, or other protected characteristics—your rights are protected under both CEPA and NJLAD. Our experienced whistleblower attorneys will work to ensure that your employer is held accountable for any discriminatory practices.

How Do I Prove Retaliation at Work?

Proving whistleblower retaliation in NJ requires demonstrating that your employer took adverse actions after you reported misconduct. Retaliation can take various forms, including:

  • Termination or demotion.
  • Harassment or exclusion.
  • Job transfers or reduced hours.
  • Abuse.

If you’ve experienced any of these after reporting illegal activity, you may have a strong case under New Jersey whistleblower retaliation laws. At McOmber McOmber & Luber, P.C., we will thoroughly investigate your case and take legal action to protect your rights.

How to Build a Strong Whistleblower Retaliation Case

Building a strong whistleblower case requires careful planning. Our team at McOmber McOmber & Luber, P.C. can help you build a strong case by:

  • Helping to collect and preserve key evidence, documents, or witness testimony for your case.
  • Develop a robust legal strategy to protect you from further retaliation.
  • Seek compensation for any financial losses or damages resulting from employer retaliation.

Our whistleblower retaliation attorneys are here to help. Call for a free consultation to discuss your case.

Can Whistleblowers Remain Anonymous in NJ?

Many employees want to do the right thing and step forward but fear retaliation and are concerned about confidentiality. While anonymity may be possible in some federal cases, CEPA requires that your employer be aware of the complaint to trigger its protections. However, whistleblower retaliation and confidentiality laws provide significant protection for employees. Before reporting, speak with our experienced whistleblower attorneys to fully understand your options and safeguard your identity wherever possible.

Contact a Trusted NJ Whistleblower Retaliation Attorney Today

If you suspect your employer has engaged in illegal activity or retaliated against you for speaking up, the experienced whistleblower retaliation attorneys at McOmber McOmber & Luber, P.C. are here to help. With offices in Red Bank, Marlton, Newark, New York City, and Philadelphia, we are ready to fight for your rights. Contact us today to schedule a free consultation and learn how we can protect you.

Whistleblower Retaliation FAQs

  • 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.

    Read More
  • What is a Whistleblower?

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

    Read More
  • 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.

    Read More
  • 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

    Read More
  • 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.

    Read More
  • 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.

    Read More
  • 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.”

    Read More
  • 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.

    Read More

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Related Practice Areas

  • Conscientious Employee Protection Act (CEPA)
  • CEPA in Nursing Homes
  • Whistleblower Attorney
  • Workplace Retaliation

Team Members Involved

  • Matthew A. Luber | Blog | McOmber McOmber & Luber
    Matthew A. Luber
    Managing Partner
  • Meghan A. Pazmino | Blog | McOmber McOmber & Luber
    Meghan A. Pazmino
    Associate
  • Lauren M. Hill | Blog | McOmber McOmber & Luber
    Lauren M. Hill
    Associate
  • Jeffrey D. Ragone | Blog | McOmber McOmber & Luber
    Jeffrey D. Ragone
    Associate
  • Tyler J. Burrell | Blog | McOmber McOmber & Luber
    Tyler J. Burrell
    Associate
  • Jeffery P. Rankel | Blog | McOmber McOmber & Luber
    Jeffery P. Rankel
    Associate
  • Christian J. Fechter | Blog | McOmber McOmber & Luber
    Christian J. Fechter
    Associate
  • Jaclyn A. Kelly | Blog | McOmber McOmber & Luber
    Jaclyn A. Kelly
    Associate
  • Tiffany M. Yacullo | Blog | McOmber McOmber & Luber
    Tiffany M. Yacullo
    Associate
  • Gaetano J. DiPersia | Blog | McOmber McOmber & Luber
    Gaetano J. DiPersia
    Associate
  • Victoria C. Schaefer | Blog | McOmber McOmber & Luber
    Victoria C. Schaefer
    Associate
  • Ashley E. Malandre | Blog | McOmber McOmber & Luber
    Ashley E. Malandre
    Associate
  • Skylar B. DeMartinis | Blog | McOmber McOmber & Luber
    Skylar B. DeMartinis
    Associate
  • London J. Jones | Blog | McOmber McOmber & Luber
    London J. Jones
    Associate
  • Kimberly M. Coffina | Blog | McOmber McOmber & Luber
    Kimberly M. Coffina
    Of Counsel
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Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545

Marlton Office

  • 50 Lake Center Drive Suite 400, Marlton, NJ 08053
    856.985.9800
    856.263.2450

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216

New York Office

  • 11 Broadway, Suite 615 New York, NY 10004
    929.566.1300

Philadelphia Office

  • 1650 Market Street, Suite 3600 - No. 973 Philadelphia, PA 19103
    267.777.7800

Office Locations

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
  • 732.842.6500

Marlton Office

  • 50 Lake Center Drive Suite 400, Marlton, NJ 08053
  • 856.985.9800

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
  • 973.878.9040

New York Office

  • 11 Broadway, Suite 615 New York, NY 10004
  • 929.566.1300

Philadelphia Office

  • 1650 Market Street, Suite 3600 - No. 973 Philadelphia, PA 19103
  • 267.777.7800

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