We have posted before about a recent NJ Supreme Court case that clarifies the protected role of “whistleblowers”.  This post highlights some important themes for New Jersey workers.

Joel Lippman, M.D., worked for Ethicon, Inc., a subsidiary of Johnson & Johnson that produced medical supplies. He oversaw safety, medical reviews, and medical information, and he served on many professional Boards to ensure the quality and safety of all Ethicon products. Occasionally Dr. Lippman would object to proposed or continued sales of certain products that he deemed medically unsafe and potentially illegal for the company to sell.

Dr. Lippman advocated for the recall of a product in April 2006, which was finally recalled in May 2006. He was fired in mid-May of that year. Dr. Lippman filed a complaint alleging that Ethicon terminated him for being a whistleblower, and that he should be protected under the NJ Conscientious Employee Protection Act (CEPA). The trial court concluded that Dr. Lippman failed to show he performed protected whistleblowing activities under CEPA since it was his job to raise such issues. The Supreme Court of New Jersey ultimately held that CEPA’s protections extend to “watchdog” employees performing their ordinary work functions, because the Legislature never differentiated them from other employees.

The Lippman case sets a broad standard for whistleblowing cases, since watchdog employees are explicitly covered under CEPA now. Under CEPA, employees may not be discharged or made victims of retaliation for disclosing an activity, policy, or practice of the employer that the employee reasonably believes to be illegal or unethical. ­The employee may make the disclosure to a supervisor or a public entity, such as the press or law enforcement.

The employee only needs a “reasonable belief” of the unlawful activity to be protected under the Act, even if it later turns out that the employee’s belief was incorrect.

If an employee suspects they were fired for making such a disclosure, then they have one year to file a lawsuit for the retaliatory action. They may be entitled to reinstatement in their positions, compensation for back pay, future pay, benefits, emotional suffering, attorneys fees, and, in some cases, punitive damages. Filing a CEPA claim does not waive the employee’s other rights and remedies under the law.

If you report an unlawful employment condition and are disciplined or fired by your employer, Hanan M. Isaacs, P.C., will use our best efforts to obtain just compensation for you. New Jersey law protects whistleblowers, and provides you with a means to get your job back or obtain fair compensation for economic and emotional losses you have suffered. Call 609-683-7400 or send us an e-mail to arrange for a reduced fee initial consultation. You will be glad you did.