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.