New Jersey Whistle-blower Wins Wrongful Termination Lawsuit
Employees should not have to fear coming forward to report wrongdoing in the workplace. Unfortunately, many employees hesitate to stand up for their rights at work, or resist reporting illegal activities of their employers, because they think they might be fired for doing so. It is illegal here in New Jersey–by state law and federal law–for employers to retaliate against workers who report unlawful activity, but this does not stop some employers from doing so anyway.
When workers are retaliated against for blowing the whistle, they may be able to hold their former employer accountable. In a recent case, a South Jersey woman was awarded $1.6 million after being wrongfully terminated for reporting that a manager may have been engaged in illegal activities. A jury found that this firing was illegal under the New Jersey Conscientious Employee Protection Act.
The New Jersey Conscientious Employee Protection Act is one of the toughest whistle-blower laws in the country. It allows workers who have been fired for blowing the whistle to obtain job reinstatement as well as compensation for lost wages, benefits, emotional suffering and attorneys’ fees. In some cases, such as this recent one, punitive damages are awarded, too.
The woman in this case was working as a case manager for a company that provides services to ex-convicts. She reportedly believed that a manager at this company was involved in drug activity, and that he should not bring his child into the facility that child predators visit as clients. When she reported these activities, she was fired.
She has now been awarded damages for back pay and pain and suffering, as well as punitive damages.
This case is a reminder that New Jersey workers have the right to speak up; and employers do not have the right to fire workers for reporting the illegal actions of an employer, refusing to participate in such actions, or for filing a workers’ compensation or sexual harassment claims, among other things. Employers who do retaliate against workers may find themselves liable for damages.
Source: Phillyburbs.com, “Jury awards South Jersey woman $1.6M in trial,” Chris Bishop, March 29, 2013