Standing up against unethical or illegal activities in the workplace takes courage. Whistleblowers play a critical role in exposing fraud, corruption, safety violations, discrimination, and other forms of misconduct. However, employees who report such activities often face retaliation from their employers. If you’re considering blowing the whistle—or if you’ve already done so and experienced backlash—it’s essential to know your legal rights and protections under both federal and New Jersey laws.
What is a Whistleblower?
A whistleblower is an employee who reports unlawful activities, such as fraud, safety violations, discrimination, harassment, or breaches of public trust within an organization. This report can be made internally (to a supervisor or HR department) or externally (to government agencies or regulatory bodies).
Whistleblower Protections Under New Jersey Law
In New Jersey, whistleblower protections are primarily covered under the Conscientious Employee Protection Act (CEPA), often referred to as New Jersey’s “Whistleblower Law.” CEPA is one of the most comprehensive whistleblower protection laws in the country and prohibits employers from retaliating against employees who:
- Report, or threaten to report, illegal or unethical conduct
- Refuse to participate in activities that violate the law or public policy
- Provide information or testimony to government agencies during investigations
Common Forms of Whistleblower Retaliation
Employers may engage in various forms of retaliation against whistleblowers, including:
- Wrongful termination or demotion
- Salary reduction or denial of promotions
- Hostile work environment or workplace harassment
- Unfair performance evaluations or disciplinary actions
- Threats, intimidation, or blacklisting within the industry
How to Prove Whistleblower Retaliation
To succeed in a whistleblower retaliation claim, you typically need to establish the following elements:
- Protected Activity: You engaged in an activity protected under CEPA or other whistleblower laws (e.g., reporting illegal conduct).
- Adverse Employment Action: You suffered a negative consequence, such as termination, demotion, or harassment.
- Connection Between the Two: There is a causal link between your protected activity and the adverse employment action.
What to Do If You’re Facing Retaliation
If you believe you’re being retaliated against for whistleblowing, take the following steps to protect your rights:
- Document Everything: Keep detailed records of the misconduct you reported and any retaliatory actions you’ve experienced. Save emails, performance reviews, and other relevant documents.
- Report Internally (if safe): If you feel comfortable, escalate your concerns within the organization by reporting to HR or senior management.
- Consult an Employment Lawyer: Retaliation cases can be complex, and having an experienced employment lawyer can help you navigate the legal process and secure the protection you deserve.
How an Employment Lawyer Can Help
Whistleblower retaliation claims can be challenging to prove, but an experienced employment lawyer can make a significant difference. They can:
- Evaluate your case to determine if you’re protected under whistleblower laws
- Help you gather evidence and build a strong legal claim
- File complaints with appropriate government agencies or pursue legal action against your employer
- Negotiate settlements for lost wages, emotional distress, and other damages
- Represent you in court if necessary
Why Choose Castronovo & McKinney?
When you’re facing retaliation for doing the right thing, you need legal advocates who are dedicated to Protecting Your Rights. Castronovo & McKinney, LLC has extensive experience representing whistleblowers in Egg Harbor Township and throughout New Jersey. Their attorneys are committed to holding employers accountable and securing justice for employees who’ve been wrongfully treated for speaking out.
Take a Stand Against Retaliation—Contact Us Today
Whistleblowers are the backbone of workplace accountability. If you’ve faced retaliation for reporting misconduct, don’t hesitate to seek legal help. An experienced employment lawyer can protect your rights, guide you through the legal process, and fight for the justice you deserve.
Contact Information
New Jersey Office:
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office:
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781
