Retaliation and Whistleblowers
Retaliation is Illegal in New Jersey and New York
Many state and federal laws make it illegal for your employer to retaliate against you. For example, the New Jersey Law Against Discrimination, the New York Human Rights Law, and the New York City Human Rights Law protect employees who complain about illegal discrimination or harassment. Similarly, state and federal wage and hour laws like the Fair Labor Standards Act (“FLSA”), the Family & Medical Leave Act (“FMLA”) and many other employment law statutes prohibit retaliation.
What Actions By My Employer Can Be Considered Retaliation?
Retaliation can come in many forms. Sometimes employers harass employees who raise legally protected complaints, trying to punish them or convince them to keep their mouths shut. Other companies fire, demote, pass over for promotion, or take other adverse employment actions against employees who object to violations of the law. Whatever form of retaliation you have experienced might be a violation of your employment law rights.
New Jersey Has an Extremely Broad Anti-Retaliation Law
New Jersey has one of the country’s broadest whistleblower laws, the Conscientious Employee Protection Act (CEPA). Among other things, CEPA makes it illegal for your employer to retaliate against you if you object to or refuse to, or participate in, something that you reasonably believe is illegal, criminal, fraudulent, or violates a clear mandate of public policy relating to public health, safety, welfare, or the environment.
The False Claims Act
The False Claims Act also provides protection to certain whistleblowers who report certain violations of law that harm the state or federal government. More information is available on our False Claims Act page.
New Jersey Employment Lawyer Blog - Retaliation / Whistleblowing
- New Jersey Supreme Court Reaffirms Lower Threshhold for Attorneys' Fees Enhancements Last week, in Walker v. Guiffre and Humphries v. Powder Mill Shopping Plaza, the New Jersey Supreme Court upheld the longstanding rule that a ....
- New Jersey Appellate Court Rejects 50% Reduction to Attorney's Fees Award in Whistleblower Lawsuit The New Jersey Appellate Division recently ruled, in an employment law case in which the same law firm represented two clients, and only one of those ....
- New Jersey Judiciary Faces Retaliation Lawsuit Last week, I discussed the case of Thomas Bowers, an IT Professional who won his appeal of his race discrimination case against the New Jersey ....
