CALL FOR A FREE CONSULTATION

Conscientious Employee Protection Act (CEPA) – Whistleblower

Book A Free Consultation

When it comes to New Jersey law, the legal team at PSCB Law has your back. We have a team of experienced, professional legal counsel that is well versed in New Jersey law, including issues related to employment law. If you are in need of legal counsel related to employment law in New Jersey, we’re happy to help. Talk to a NJ CEPA Lawyer for any whistleblower questions you may have.

Conscientious Employee Protection Act (CEPA)

One piece of New Jersey law all employers and employees should familiarize themselves with is the Conscientious Employee Protection Act (CEPA). Also known as the whistleblower act, this piece of law was created to protect adverse employment action used against employees who have spoken out against unlawful actions in their workplace. A NJ Whistleblower attorney can discuss your options.

The Conscientious Employee Protection Act was enacted by the New Jersey State Legislature to put protections in place for employees who have been discharged, suspended, demoted, or received adverse employment action from their employer for specific workplace activities. These activities revolve around the employee disclosing, threatening to disclose what they believe to be unlawful activity. In addition there are certain requirements placed on the employee to receive protection, such as making an objection to the activity in question. These actions permit attorneys fees.

But what are the key facets of this law? And how does it work to protect you? Let’s dive in to learn more.

What is The Conscientious Employee Protection Act?

The Conscientious Employee Protection Act is a piece of law enacted by the New Jersey State Legislature that protects employees who disclose, or threaten to disclose, unlawful activity in the workplace. This piece of law protects employees from the retaliatory action of an employer, including the wrongful termination, dismissal, demotion, or suspension of an employee.

When someone makes a CEPA claim, they have often been wrongfully dismissed as a result of reporting or disclosing illegal activity to their employer, a public body, or an investigation. If you are an employee who sees illegal activity in the workplace, reporting it is a protected activity under CEPA. You are free to report or refuse to participate in any illegal workplace activity without fear of retaliation.

If you do report, disclose, or refuse to participate in illegal conduct at work, whistleblower protections exist to allow you to speak out. With CEPA, you can seek to recuperate punitive damages from your employer if they are punishing you for whistleblowing activity.

What Are You Protected From?

As we’ve alluded to above, CEPA protects New Jersey employees who object to things in the workplace that they reasonably believe violate public law or are unlawful in nature. If an employee chooses to practice their right to report such a violation, they are protected from the unlawful retaliation of their employer, including demoting, suspending, and terminating the employee.

Specifically, these protections cover the following:

  • Employees have the right to refuse to participate in practices that they reasonably believe violate the law, are fraudulent or criminal in nature or are incompatible with public safety, public health, public welfare, or environmental protections.
  • Employees are allowed to threaten to disclose or outrightly disclose, information to law enforcement, management, supervisors or government regulators about any workplace practices or policies that they reasonably believe are illegal, criminal, or fraudulent in nature.
  • Employees are allowed to testify and/or provide information to public bodies in active investigations about potential violations caused by an employer or provide information about unlawful practices to clients or entities that work with their employer.
  • Certified and licensed health care professionals are allowed to refuse to participate in, or object to, workplace practices that they reasonably believe constitute improper patient care. They can also disclose this information to management, supervisors, or public bodies.

Dealing With A CEPA Violation

CEPA provides broad protection for employees in New Jersey, thanks to the New Jersey Supreme Court, who want to work safely, and without participating in illegal activity. If you believe you have been wrongfully terminated, suspended, or punished as a result of whistleblowing, we urge you to seek legal advice.

It’s important to know that in New Jersey, the plaintiff must bring a CEPA lawsuit to their employer within a year of the retaliation actions of their employer. If your legal counsel finds your employer has violated CEPA law, you can successfully pursue justice in court.

Damages to Pursue

If you choose to bring a lawsuit against your employer, there are a number of damages you can seek. These damages can include:

  • the reinstatement of your job
  • injunctive orders
  • damages for emotional distress
  • the reinstatement of job seniority
  • the reinstatement of job benefits
  • recuperation of lost wages
  • recuperation of lost benefits
  • payment for attorney fees and punitive damages

Other New Jersey Protections

When pursuing a CEPA violation, there could be a chance that your specific situation does not violate any CEPA law. However, there are a number of other protections provided in the state of New Jersey that work to protect employees from unfair termination or retaliation in the workplace.

These protections include New Jersey state statutes such as:

The New Jersey Law Against Discrimination – This legislature prohibits an employer from engaging in discrimination against an employee based on disability, age, sexual orientation, gender, religion, nationality, or race.

The New Jersey Wage & Hour Act – This legislation protects employees from wage theft, by solidifying a minimum wage and overtime pay requirements.

The New Jersey Family Leave Act – This legislature works to protect employees by making them entitled to leave for family, and/or medical-related issues.

These pieces of legislature, along with CEPA protections, work to protect employees from unfair employer retaliation.

Let PSCB Law Help You

If you believe you have been subjected to unfair retaliation by your employer, in a way that violates CEPA, we are prepared to help. With us on your side, you will be able to confidently pursue any damages and get the justice you deserve.

Our team has a roster of wonderful, experienced legal counsel that are experts in New Jersey law. We’re ready to work to protect you from unfair treatment at the hands of an employer.

You deserve a lawyer who will assert your legal rights and protections as outlined in New Jersey law. If you have been retaliated against due to whistleblowing in the workplace, feel free to reach out to us. You can contact through the form on this page or you can also call us at (201) 273-9246 or email us at Contact@PSCBLaw.com.

Book A Free Consultation

Very pleased with the level of care and attention in dealing with this law firm. They were always quick to respond and patient with a very impatient first time home buyer! Robert Ranalli was my attorney and I would recommend for any legal needs.

Nashir M.

I had the pleasure of working with Veer Patel and staff for several months and could not have been more pleased with the attention, care, and professionalism of everyone at the firm. Really good experience and would definitely recommend!

Brian R.

Mario GarzonaMario Garzona
14:15 27 Mar 23
Thank to Patel and Cardanas. They helped us with an extreme amount of litigation with a partition real estate case. It’s allways difficult fighting with family but they navigated all the twists and turns we’re experienced and prepared to deal with it all. The outcome was better than anticipated I would use them and 100 percent recommend then. Thanks too Veer and John for the amazing work
Monica OzMonica Oz
02:29 03 Jan 23
I had a wonderful experience working with Veer Patel. He worked hard for me and got me the best possible result. His fees were reasonable and there were no surprise charges. He was also very compassionate regarding my circumstances. Mr Patel is skillful in explaining complex legal processes in layman's terms. He was always available for me night and day and would always return calls promptly. I would highly recommend him to anyone in need of legal services.
Mustafa PachaMustafa Pacha
22:06 18 Nov 22
A respectable law firm. The attorneys & staff are courteous, prompt with return calls/emails and provide me with exceptional attention. As a first time home buyer, their patience with me was exceptional. Would definitely recommend to anybody who is looking for a real estate lawyer for their next closing
Melissa DuranMelissa Duran
21:19 01 Nov 22
Veer Patel and John Voorhees helped me file a partition against my ex boyfriend in April 2022 and in Nov 2022 I am happy to say my case was settled. I am beyond grateful to have chosen them for my legal battle. They were knowledgeable of the process, hard working, dedicated, and detailed. It was great to work with a team who I knew was fighting hard for me. I 100% recommend working with this law firm and would work with them again.
DhokhadhariNala LaroDhokhadhariNala Laro
00:45 23 Sep 22
True evil exists in this world and you DON'T want to meet it. If you do meet it, you need assistance from people who can fight it, such as this law firm. Mr. Patel and his associates helped me fight evil. That is not an elementary task.I saw a very few 1-star reviews of the firm (some pretty old). As you know, some people who write reviews on Amazon or elsewhere are not reliable reviewers and you cannot take their comments seriously. You decide.Read on if you care about my story (or skip it if you are satisfied that I rated them 5 stars). You will see the depths of evil that exist and what you can do. It may be too big to tackle on your own, so you need some expert help to navigate a way out.You know true evil exists, but you don't think too much about that fact or it would paralyze you. People would rather safely view evil on a fictional crime show, confident that they will never meet it in real life. You have seen evil yourself on television, but, unlike me, you may not have met it in person.I see true evil when I turn on the television and see sworn members of the US government utter completely false statements, assertions demonstrably untrue, but which they assume I will believe. My jaw hangs open at the malevolence of such action, the blatant dishonesty, the disregard for me as a citizen, the insidious diminution of my personal rights, the insatiable hunger for power and control that it exposes.Such people do not walk around enveloped by a cloud of green smoke; you won't realize it, at first, when you have met such a person. Hannah Arendt knew that and described it as the "banality of evil."Meeting evil doesn't have to mean encountering Ted Bundy in a parking lot. Evil can do things other than kill you. They are people with no conscience. Those are the most dangerous foes because they acknowledge no limits.I met such a person and, unfortunately, conducted business with him.He lied to me repeatedly and actively worked to prevent me from finding out the truth. He nimbly worded his sentences to avoid saying the words that would clue me in to the truth. Someone else knew the truth, so he tried to prevent me from talking to her. He even, perversely, tried to verbally prod me into thanking him for his seeming generosity, all the time knowing that he was very far short of generous. He knew what he was doing and did it with the cool efficiency of a member of the Sicherheitsdienst. He has apparently made a profitable career of it.After my lawsuit was filed, he lied frequently and extensively in court filings under oath and falsified evidence to deflect blame from himself, temporarily fooling even my own lawyers. He insisted he was actually the victim and expressed phony outrage that anyone would say he had been lying.It was like seeing one of the pernicious television people I described above, but in real life.True evil. No conscience. Chilling.You should pray you do not meet such a person. You would gasp in horror if I told you from which profession he had retired.Mr. Patel and the lawyers at this firm did some adroit legal work to set things right. The firm provides service in different legal areas, but I can only comment on the case for which I hired them, which is in the litigation area.You don't go to a reconstructive plastic surgeon to put 4 stitches into a laceration your son got on his leg sliding into base in Little League. Your insurance company would tell you it is a waste to use such an expert--a resident in the ER can do it instead. Similarly, you probably don't use these lawyers for a routine house closing. That would be a waste.You use these lawyers for complicated work.Mine was a complicated case requiring legal research and artful construction of court filings and we got a good result. That is why I recommend them.
js_loader
Results may vary depending on your particular facts and legal circumstances.
The Law Offices of Patel & Cardenas

Why Choose Us?

Free Initial Consultations

Multilingual Attorneys

Thousands of Clients Served

Focus On Quality Client Care

Call us

(973) 542-9407