- New Jersey Sexual Harassment Lawyer
- New Jersey Retaliation Lawyer
- New Jersey Family and Medical Leave Lawyer
- New Jersey Hostile Work Environment Lawyer
- New Jersey Equal Pay Lawyer
- New Jersey Employment Discrimination Lawyer
- New Jersey Unpaid Overtime or Wages Lawyer
- New Jersey Severance and Separation Lawyer
- New Jersey Whistleblower Retaliation Lawyer
- New Jersey Wrongful Termination Lawyer
- New Jersey Contract Review and Negotiation Attorney
WHISTLEBLOWER
WHISTLEBLOWER PROTECTION ACT OF 1989 HAS BEEN ESTABLISHED TO PROTECT WHISTLEBLOWERS
Whistleblowers play a vital role in protecting public safety and health. When an employee blows the whistle on illegal activity in their organization, they alert authorities to past or continuing violations. Because employers will often retaliate out of anger, brave employees lean on the protection afforded by various whistleblower laws. Contact The Law Office of Usmaan Sleemi to speak with a Paramus whistleblower attorney. We can review whether you can seek shelter from whistleblower laws and what remedies are available for any retaliatory conduct.
Whistleblower Protections
Several laws protect whistleblowers in New Jersey, including:
- Whistleblower Protection Act of 1989.
- New Jersey Conscientious Employee Protection Act (CEPA).
- False Claims Act.
Various whistleblower protection in federal legislation, including the Civil Rights Act of 1964, the SEC whistleblower program, and the Sarbanes-Oxley Act.
When an employee speaks out, these laws can prohibit any retaliation, including termination. Affected employees gain critical rights to file suit and seek compensation or other remedies.
Ensuring You Are Protected
Whistleblower statutes are powerful. They can protect an employee who reports illegal or unethical activities to external regulatory agencies or internal ombudspersons.
However, not all “whistleblowing” activity is protected. Instead, employees must make sure they follow the law to gain its protection.
For example, the New Jersey Conscientious Employee Protection Act requires that an employee give their employer a reasonable opportunity to fix or rectify a problem and that the employee provide written notice. If these conditions are not met, then an employee cannot seek shelter using CEPA.
As an example, an employee who posts on social media to reveal criminal or unethical activity may not be protected. Call our office to discuss what steps to take. Hasty or ill-considered whistleblowing can lead to job loss and lost income, without a remedy.
Remedies for Whistleblowing
An employee who blows the whistle can often use these laws as a shield to protect them from job loss, demotion, or a cut in pay or benefits. With a lawsuit, a whistleblower might seek:
- Job reinstatement
- Backpay
- Other damages
Some whistleblower statutes also incentivize employees to blow the whistle by giving them a cut of any money recovered by the government. For example, if you have information about fraud in government contracting, you might file a False Claims Act and seek a portion of any damages the government recovers. Our firm can discuss what information is needed to bring a qui tam action.
FAQs about Whistleblowing in Paramus, New Jersey
Am I protected if my suspicions about illegal activity are wrong?
This is a sensible concern. You might suspect illegal activity, but be wrong. Generally, these laws protect an employee if they have a reasonable basis for suspecting illegality or wrongdoing. We are happy to provide more individualized advice in a consultation.
Am I protected if I complain about sexual harassment in the workplace?
Yes. You are protected even if you are not the target of harassment, but simply observe it. You should not be penalized for participating in an investigation, either.
Call a Paramus Whistleblower Attorney
No single law provides umbrella protection to all New Jersey whistleblowers. Instead, employees must be aware of their rights and protections under some overlapping state and federal statutes. Call The Law Office of Usmaan Sleemi today at 973-866-9415.