You’ve probably heard the term “whistleblower” concerning an organization or company being investigated or sued. A whistleblower reports unsafe, unethical, or illegal activities by their organization internally, to a government agency, or a media outlet. Depending on the circumstances, you may be a whistleblower and have legal protection against retaliation for your acts. That means the employer, whether governmental or private sector, must protect your job.

Many federal, state, and even local laws cover whistleblowers. Ideally, you should speak with a Kingston Law Group attorney before blowing the whistle, to understand applicable laws, whether you’ll be legally protected, and if so, how to maintain that protection. These are technical laws. You may lose this protection because of something you do or fail to do. The timing of your acts may also impact your legal status.

During the American Civil War, so many Union soldiers got sick by eating spoiled rations and were injured and killed by defective weapons that the federal False Claims Act (FCA) became law in 1863. This was to encourage and reward reporting of fraud by government suppliers. That law has changed over time but is still in effect.

Part of the law has qui tam provisions that can reward citizens for bringing these issues to the appropriate government entity and filing their own lawsuits on the public’s behalf. If successful, the whistleblower could get a share of what the government recovers. Federal, city, state whistleblower laws, and common law developed in the courts over the years may protect you from employer or ex-employer retaliation.

What Types of Wrongdoing are Covered by These Laws?

Whistleblower laws cover reporting or opposition to virtually any illegal, unethical, or fraudulent activity. They include the following activities:

• Human trafficking
• Violating wage and hour laws
• Employment discrimination
• Fraud against stockholders
• Illegal pollution
• Workplace safety
• Tax evasion or fraud
• Fraud or mismanagement involving government contracts

Because the topics covered are so broad, it’s best to talk to us to ensure that the issue you’re dealing with is covered by a whistleblower protection law.

What Actions are Protected?

Protections can vary with the applicable law, but generally, an employee’s actions can include:

• Speaking out internally against the policy or practice
• Reporting the policy or practice to a government regulator
• Supporting someone else who’s against illegal or unethical acts
• Testifying in court or cooperating with a government investigation
• Reporting the incidents to the press
• Suing or filing a complaint against your employer with a government agency
• Complaining internally about workplace discrimination

To have a successful lawsuit, you may need to report the issue internally to give your employer the opportunity to stop or change what they’re doing so it’s no longer illegal or unethical. The law covering the situation may also require reporting the issue to a government agency to win your case, so it’s important to understand the laws covering the situation and their requirements.

Depending on the circumstances, you may be wrong about what you’re reporting or opposing and still be legally protected against retaliation if you believe in good faith, or reasonably believe, this illegal or unethical action occurred.

What Would Be Illegal for My Employer or Ex-Employer to Do in Response?

Retaliation occurs if your employer, ex-employer, or one of their agents or employees takes action against you. This may include the following:

• Being fired or laid off
• A demotion
• Being denied a promotion or benefits given to others who are similarly situated
• A pay cut
• Harassment
• Being denied overtime
• Not being hired
• Threats and intimidation
• Physical assault
• Baseless warnings or poor evaluations
• Falsely claiming you committed wrongdoing or were a poor performer to prevent you from working elsewhere
• “Blackballing” you so you can’t work in an industry or geographical area
• Baselessly suing you or making a false report to the police about you

Petty slights, small annoyances, or insignificant punishments aren’t serious enough to break the law.

What Might I Recover with a Successful Whistleblower Lawsuit?

That depends on the circumstances of your case and the applicable law. If fraud is involved, you may receive a percentage of the overall financial recovery. Depending on what’s at issue, that could be a lot of money.

New Jersey’s Conscientious Employee Protection Act is one of the strongest in the nation. The employee must report an unlawful, unethical, or similar violation, or threaten to do so, within or outside the Company. That triggers “whistleblower” protections.

If the issue involves workplace retaliation or being fired, you may recover the following:

• Reinstatement to your former job
• Lost wages, including what you lost in the past and future wages until you’re re-hired
• Compensation for mental anguish and emotional distress,
• Payment of your attorney’s fees

Contact Kingston Law Group

Kingston Law Group handles a wide range of employment matters. If you have questions about leaving your job and possible legal consequences, please contact our Central Jersey law office at 609-683-7400 toll-free to arrange a consultation. We accept credit cards and offer general appointments from 9 a.m. to 5:30 p.m., Monday to Friday, or pre-arranged evening appointment times.