Whistleblower Lawyer Arykah Trabosh Know your rights

The decision to be a whistleblower is not an easy one. If you have concerns about blowing the whistle on your employer, or have already blown the whistle, you should speak with a whistleblower lawyer to ensure your rights are protected.

New Jersey’s whistleblower statute is the Conscientious Employee Protection Act (“CEPA”). CEPA protects a whistleblowing employee from retaliation by their employer. Employers are forbidden to retaliate against an employee when the employee engages in protected activity. An employee engages in protected activity when they:

 

  • Disclose, or threaten to disclose to a supervisor or to a public body an activity, policy or practice of the employer, or another employer, with whom there is a business relationship, that the employee reasonably believes (1) is in violation of a law, or a rule or regulation promulgated pursuant to law or, in the case of an employee who is a licensed or certified health care professional, that the employee reasonably believes constitutes improper quality of patient care, or (2) is fraudulent or criminal;
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  • Provide information to, or testify before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law by the employer, or another employer, with whom there is a business relationship; or
  • Object to, or refuse to participate in any activity, policy or practice which the employee reasonably believes (1) is in violation of a law, or a rule or regulation promulgated pursuant to law, (2) is fraudulent or criminal, or (3) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.

Under CEPA, an employee cannot be terminated, denied employment, or denied advancement due to his or her attempts to report illegal or improper conduct by his or her employer or co-workers. This prohibition not only covers reports to government agencies, but reports of illegal activity to supervisors and refusals to go along with illegal activities of fellow employees and/or supervisors.

There are two main components to a retaliation claim. First, the employee must have engaged in protected activity, such as complaining about perceived safety violations. Second, he or she must have suffered some sort of adverse employment action because of the whistleblowing activity, such as termination, demotion, or transfer to a less desirable job.

Contact Ms. Trabosh if your employer has retaliated against you because you engaged in whistleblowing activity.

You Need Proper Representation

Ms. Trabosh offers a free case evaluation so that you can make an informed decision with regard to your legal action. Please call her today at (856) 874-9090 or contact her online to arrange a free consultation.

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