Retaliation and Whistleblowers

Respected Bergen County Employment Lawyers Holding Employers Accountable for Retaliating Against Employees

Employees who report illegal or unethical behavior in the workplace play a vital role in maintaining integrity and accountability. However, whistleblowers often face retaliation for speaking out at work. This can include adverse employment actions like termination or demotion, as well as harassment. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we are committed to protecting the rights of employees who have been retaliated against for engaging in legally protected activities.

What Are Protected Activities?

Protected activity refers to actions employees take to object to, report, or participate in investigations of, unlawful or unethical practices. Under state and federal laws, some actions that can be protected include:

• Reporting violations of law, regulations, or public policies to management or external authorities;
• Objecting to or refusing to participate in activities they reasonably believe to be illegal; or
• Filing complaints or cooperating in investigations about misconduct or wrongdoing

Protected activity can include both formal and informal reports, including reports of discrimination. Whether you submit a written complaint to HR, speak out against unethical conduct during a meeting, or file a formal complaint with an outside government agency, your actions may qualify for protection under the law.

What Employer Actions Can Amount to Retaliation?

Retaliation occurs when an employer takes adverse action against an employee because of their protected activity. Retaliatory actions may include:

• Termination of employment
• Demotion or denial of promotion
• Pay cuts or reduced hours
• Engaging in a pattern of harassment or creating a hostile work environment
• Exclusion from important projects or opportunities

Employers who retaliate against whistleblowers violate the law. Employees subjected to such treatment have the right to seek legal recourse through a New Jersey retaliation lawsuit.

The Conscientious Employee Protection Act (CEPA)

New Jersey’s Conscientious Employee Protection Act is one of the strongest whistleblower protection laws in the country. Often referred to as a whistleblower law, CEPA safeguards employees who object to, disclose, or refuse to participate in actions they reasonably believe to be illegal, fraudulent, or to violate a clear mandate of public health, safety, welfare or the environment.
CEPA protects employees who:

• Report violations of laws, rules, or regulations
• Disclose fraudulent or unethical practices to a supervisor or public body
• Object to, or refuse to engage in, actions they reasonable believe are unlawful or fraudulent.

If an employer retaliates against an employee covered under CEPA, then the employee may be entitled to lost wages, damages for emotional distress, reinstatement, and other remedies. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we have extensive experience handling CEPA cases and can help you assert your rights in the wake of unlawful retaliation.

Worker’s Compensation Retaliation

Employees who are injured on the job are entitled to file worker’s compensation claims to receive benefits such as medical treatment and wage replacement. Unfortunately, some employers retaliate against workers for asserting these rights such as by firing them, reducing their hours, or creating a hostile work environment.

Worker’s compensation retaliation is illegal under New Jersey law. If you have experienced adverse actions after seeking benefits, our NJ retaliation lawyers can help you hold your employer accountable and pursue the compensation you deserve.

The False Claims Act

The federal False Claims Act protects employees who report fraud involving government funds, such as Medicare or defense contracts. Under the Act, whistleblowers, also known as “relators,” can file lawsuits on behalf of the government to expose fraudulent practices.

The False Claims Act includes provisions prohibiting retaliation against employees who report fraud or participate in related investigations. Employees who face retaliation may recover compensation for lost wages, emotional distress, and other damages.

Speak with an Experienced Retaliation Lawyer

If you have been retaliated against for reporting illegal or unethical conduct, the attorneys at Rabner Baumgart Ben-Asher & Nirenberg, P.C. are here to help. With decades of experience in employment law, we provide dedicated representation to protect whistleblowers and do everything possible to hold employers accountable for retaliation. Let us put our knowledge, compassion, and commitment to work for you. To learn more, and to schedule a consultation today, call Rabner Baumgart Ben-Asher & Nirenberg, P.C, at 201-777-2250. You can also connect with us through our secure online contact form.