• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities ACT (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices and Healthcare
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
    • Representative Clients
  • Team
  • FAQs
  • News
  • Office Locations
  • Contact Us
Whistleblowing & Retaliation | Header Image | McOmber McOmber & Luber

Whistleblowing & Retaliation

New Jersey Whistleblower Claims

When an employer violates the law or skirts the rules, what is the legal obligation of the employee who becomes aware of such conduct? Do they report it internally? To an outside agency? Is that employee protected from retaliation? Without accountability, an employer has no incentive to discontinue their unsafe or illegal practices. This is where whistleblowers play an important role. Employees who speak out about impropriety by their employer enjoy broad protection from retaliation such as termination, demotion, or harassment. Whistleblowers can also receive financial rewards under some state and federal statutes if their allegations are later deemed valid.

From our offices in Newark, NJ, Red Bank, NJ, and Marlton, NJ, the whistleblower attorneys at McOmber McOmber & Luber, P.C. help employees report the crimes their employer commits while aggressively protecting the right of whistleblowers in New Jersey.

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

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. 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.

When a suspected violation does not involve a danger to the workforce or public at large, such as failure to pay overtime or the state-mandated minimum wage, CEPA requires that the employee first bring their concerns to the attention of a supervisor. If a supervisor takes no action, the employee may notify the relevant agency. 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 in connection with the reporting of the violation.

CEPA Claims For Refusing Dangerous, Illegal Job Orders

New Jersey employees can invoke CEPA when an employer directs them to engage in a dangerous activity. Workers always have a right to refuse illegal unsafe job assignments. Moreover, even when what an employee has been asked to do is legal, the employee may still refuse if carrying out the order would jeopardize public safety.

The Occupational Safety Health Administration (OSHA) also has the authority to prevent retaliation against workers who shed light on violations of numerous federal statutes, including the Solid Waste Disposal Act, the Safe Drinking Water Act, the Clean Air Act, and the Asbestos Hazard Emergency Response Act. The Occupational Safety Health (OSH) Act prohibits employers from punishing whistleblowers, so long as an employee files a complaint within 30 days of the punishment. Additionally, as with CEPA, the OSH Act provides employees with the ability to refuse an unsafe job assignment, as long as they have made their concerns known to a supervisor and the supervisor fails to mitigate the danger.

New Jersey Qui Tam Claims Under the False Claim Act

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 your employer to retaliate against an employee who complains about workplace harassment or discrimination, or files a claim with the EEOC.

How Do You Prove Retaliation at Work?

Whistleblower retaliation can take many forms, including:

  • Termination
  • Demotion
  • Job transfers
  • Intimidation
  • Abuse
  • Harassment

If you can demonstrate that your employer took any of these actions as a result of you speaking up or reporting an illegal activity, you may have a retaliation case and should speak to a New Jersey employment lawyer as soon as possible to discuss your options.

Can a Whistleblower Remain Anonymous in NJ?

Many employees want to do the right thing by coming forward about an illegal action by their employer, but have concerns about confidentiality. Many whistleblowers want to know if they can remain anonymous in New Jersey. In most cases, an employee who makes an anonymous complaint will not be protected by CEPA because they did not first bring the matter to their supervisor’s attention. This is why employee protection and anti-retaliation laws are so important, and why it is critical to contact an experienced New Jersey whistleblowing and retaliation lawyer to discuss your options before moving forward.

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 can help you understand your rights and options.

Whistleblowing & 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.

  • 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. 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.

Primary Sidebar

Related Practice Areas

  • Conscientious Employee Protection Act (CEPA)
  • Consumer Fraud Attorney
  • 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
  • Ashley E. Malandre | Blog | McOmber McOmber & Luber
    Ashley E. Malandre
    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 E. Alston | Blog | McOmber McOmber & Luber
    Jaclyn E. Alston
    Associate
  • Rachel C. Krupnick | Blog | McOmber McOmber & Luber
    Rachel C. Krupnick
    Associate
  • Tiffany M. Yacullo | Blog | McOmber McOmber & Luber
    Tiffany M. Yacullo
    Associate
  • Kimberly M. Coffina | Blog | McOmber McOmber & Luber
    Kimberly M. Coffina
    Associate
Load More

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545
    info@njlegal.com

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
    856.985.9800
    856.263.2450
    info@njlegal.com

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216
    info@njlegal.com

Office Locations

Red Bank Office

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

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
  • 856.985.9800

Newark Office

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

Footer

McOmber McOmber & Luber

McOmber McOmber & Luber is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblowing & Retaliation
  • Other Legal Services

Copyright © 2023 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Site Map
  • Log In

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here. Your Privacy Choices Notice at Collection

Free Consultation