Whistleblower Retaliation

Simply put, a whistleblower is a person (usually an employee) who informs on a person or organization engaged in an illicit activity. In most cases, a whistleblower reports on fraud, waste, abuse, corruption or dangers to public health and safety to someone in a position to rectify the wrongdoing.

Whistleblowers have been known to expose illegal and secret practices at big businesses, or in the political realm. Some of the most famous whistleblowers are Mark Felt (Watergate), Edward Snowden (NSA) and Linda Tripp (Clinton/Lewinsky scandal). While these cases spotlight whistle blowing on a national level, illegal activities can happen in any business atmosphere.

Whistleblower retaliation is when an employer seeks to punish an employee for a protected activity, such as reporting on a safety concern, illegal actions, or reporting an injury. Examples of retaliation can include termination, demotion, job transfers or any form of intimidation, abuse or harassment.

An employer can’t fire employees for reporting illegal or harmful activities. If an employer takes adverse action against a worker after they report something, this is considered unlawful retaliation. Federal law protects employees from retaliation after they have reported unlawful activities or if they are participating in an investigation regarding an employer. Under the Conscientious Employee Protection Act (CEPA), an employee cannot be terminated in retaliation for the following acts that are considered whistleblowing:

• Disclosing activities, policies, or practices in that workplace that are believed to be fraudulent, criminal or illegal acts. The employee may report these acts to a supervisor or law enforcement agency
• Providing information or testimony regarding an investigation into an employer’s violation of law
• Objection to participation in an activity or policy that the employee believes to be illegal or fraudulent

There are some requirements that an employee must follow under the CEPA. The employee must first disclose the alleged violation to a supervisor and allow for the opportunity for the violation to be rectified or corrected. The disclosure should be made in writing and there are only two exceptions to this requirement: if the employee is certain that the supervisor already has knowledge of the violation and hasn’t acted, or, if the employee fears physical harm in retaliation for the disclosure.

It is also important to note that “reasonable belief or suspicion” of a violation of the law is enough for an employee to file a complaint. If it turns out that the employer has not been committing illegal acts, the employee is still protected from retaliation.

As an employee, you have the right to file a whistleblower compliant if you believe your employer has unfairly retaliated against you for whistleblowing. The process can be confusing and also time sensitive, so it is advisable consult an experienced attorney to know the full extent of your rights.

Under CEPA, an employee has the right to file a lawsuit if a retaliatory action has been taken against them. This is a time sensitive process, and the claim must be filed within one year of the retaliatory action. If wrongfully terminated, an employee may be entitled to compensation such as reinstatement, or recovery of lost wages.

The attorneys at Davison, Eastman, Muñoz, Paone in Freehold, NJ are highly experienced in employment law. We can help you understand your rights according to the laws and help you pursue a course of action. For more information about your rights in relation to whistleblower retaliation or wrongful termination, contact us today.