Residents of New Jersey may be aware that our State has one of the strongest whistleblower laws in the nation. The Conscientious Employee Protection Act (CEPA) protects New Jersey employees from retaliation when they report illegal acts that are committed by either coworkers or their employers, or refuse to engage in those acts.

Under CEPA, whistleblowers who feel that they have been retaliated against can take legal action against their employers. When successful, an employee has the right to job reinstatement, front pay, back pay, pain and suffering, punitive damages, and counsel fees/costs, as relevant.

We previously posted an article on our website concerning the clarification of the definition of “adverse employment action” as it pertains to CEPA. We reported that the New Jersey Supreme Court determined that a plaintiff employee could recover for damages following his constructive discharge, which means the conditions of employment are so harsh and unreasonable that they amount to a firing. The employee was constructively fired as a result of the psychological damage he suffered because of actions taken by his coworkers, after he filed complaints with OSHA, the federal office that handles workplace safety complaints.

A whistleblower bill now being considered in New Jersey could further define when a whistleblower might secure damages under CEPA. If the bill becomes law, individuals who work for the State or local government will receive more detailed statutory protections against retaliation. This could happen when a State-employed whistleblower accuses the State of engaging in actions that, while not criminal, still constitute governmental abuse, mismanagement, or a waste of public funds. I testified in favor of that bill in the NJ State Senate two (2) years ago, on behalf of the National Employment Lawyers Association — New Jersey Chapter. The bill was favorably reported out of the Senate Labor Committee, but died in the last Legislature.

Bill S-768 got new life after Governor Christie’s George Washington Bridge scandal erupted (so-called “Bridgegate”), in which multiple Port Authority employees failed to report improper traffic gridlock on the bridge, for fear of being retaliated against.

The bill now moves to the full Senate after being approved by the Senate Labor Committee. If the bill passes in the State Assembly and Senate, what are the chances that Governor Christie will sign the new CEPA protections into law? About as good as a snowball’s chance in Hades, I’d say.

Source: New Jersey On-Line, “Inspired by Christie bridge scandal, new whistleblower bill heads to Senate floor,” Claude Brodesser-Akner, Oct. 10, 2014