Transit police often tell the public, “If you see something, say something!” This encourages reporting of activities that may threaten public safety. The New Jersey Legislature said the same thing many years ago with its nation-leading Conscientious Employee Protection Act (CEPA). Thanks to this state law, if you stand up against or report illegal workplace activities and are punished as a result, you may be compensated for the harms you suffer.

The Kingston Law Group helps employees who are punished for standing up for what’s right. Whistleblowers can face a wide range of retaliation from subtle to blatant, from psychological warfare to reduced work responsibility, from isolation to getting fired. If you are a potential whistleblower and want to know your rights beforehand, or you’ve already been retaliated against, call us today at 609-683-7400 or contact us online.

If You Engage in ‘Protected Activity’ and Suffer as a Result, You Have the Right to Negotiate or Sue for Compensation

The government can encourage employees to speak up when laws are broken, but few will take the risk without any protection. CEPA prohibits an employer from retaliating against an employee because:

• They disclose or threaten to disclose
• To a supervisor or a public body
• An employer’s activity, policy, or practice or
• The activity, policy, or practice of another employer that has a business relationship with the person’s employer that the employee reasonably believes violates a law, rule, or regulation

If the employee is a licensed or certified health care professional, there are similar protections if patient care is an issue. The employee would be protected if they give information or testify to a group investigating a possible violation of a law, rule, or regulation.

There’s also protection when an employee gives information involving the deception of or misrepresentations to shareholders, investors, clients, patients, customers, employees, former employees, retirees, or pensioners of the employer or any governmental entity. The person is also protected if they believe there may be a crime or fraud going on.

The law doesn’t just protect disclosing and testifying about essential issues. It also covers an employee when they object to or refuse to participate in any activity, policy, or practice which the employee reasonably believes violates a law, a rule, or regulation. If the employee is a licensed or certified health care professional, this covers them when they stand up against substandard patient care.

Employees have protections against retaliation if they refuse to participate in actions and policies that are:

• Fraudulent or criminal
• Not compatible with public policy concerning the public health, safety, welfare, or protecting the environment

There are limits to worker protections, including:

• When a disclosure’s made to a public body there’s no protection unless the employee brought the issue in writing to their supervisor’s attention, giving the employer a reasonable opportunity to correct the issue
• This disclosure isn’t required if the employee reasonably believes the issue is known to one or more supervisors or, if the situation’s an emergency, the employee fears they’ll suffer physical harm due to the disclosure

How Do You Win a CEPA Case? What Can You Receive if You Do?

If an employee engages in this protected activity and suffers as a result (a demotion or is fired or laid off), they may be able to file a lawsuit under the NJCEPA. To be successful, they would need to show they:

• Reasonably believed the employer’s conduct violated a law, rule, regulation, or a clear public policy mandate
• Engaged in “whistle-blowing” activity described in the law
• Suffered an adverse employment action by the employer
• There’s a causal connection between, or evidence linking, the activity to the adverse employment action

An employer may show evidence there’s no connection between their actions and the employee’s actions, and there’s a legitimate, non-retaliatory explanation for what happened. The employee then has the burden of proving their actions lead to their firing or demotion.

Retaliation cases often boil down to evidence of bias by decision-makers based on what they said to others or wrote in emails, text messages, or internal memos. If the employer claims the employee deserved harsh treatment due to poor performance or violating rules or policies, they’d better be able to support their defensive claims.

Even if there’s evidence of problems with the employee, what happened to employees with similar records? If they were treated better, but the employee who engaged in protected activity was treated worse, they can still have a valid retaliation claim.

If an employee carries their burden of proof and has a successful NJCEPA case, they could be awarded:

• A court order requiring the employer to take specific actions to right the wrongs they committed
• Reinstatement to the same or equivalent position, including fringe benefits and seniority
• Money compensation for emotional distress
• Payment of lost wages and benefits
• Punitive damages meant to punish the employer in extreme and outrageous cases
• Payment of attorneys’ fees and litigation expenses

Most CEPA cases aren’t decided at trial. They settle before they get that far. The settlement value is usually determined by the possible award in a case, the likelihood of success, and whether an employee is willing to accept less to avoid the stresses and risks of a trial.

If You’re Dealing with Workplace Retaliation, Get the Legal Help You Need From the Law Group You Can Trust: Kingston Law Group

If you’re the victim of workplace retaliation or fear you may be in the future, hire an experienced employment law attorney for workers, to advocate for your cause. At Kingston Law Group, we care about you. Call our Central Jersey law offices at 609-683-7400, or contact us online, to set up a near-term and reduced fee initial consultation. We will listen to your facts, explain the law, and suggest how to best achieve social and economic justice for your family and you. Call today. You will be glad you did.