New Jersey Whistleblower Claims

October 28, 2009

The Conscientious Employee Protection Act, or CEPA, protects employees in New Jersey from retaliatory actions by employers for reporting illegal or unethical practices.

October 28, 2009 /24-7PressRelease/ -- New Jersey Whistleblower Claims

Article provided by Begelman, Orlow & Melletz, Attorneys At Law
Visit us at http://www.begelmanorlow.com

The Conscientious Employee Protection Act, or CEPA, is New Jersey's anti-retaliation statute. The goal of the Act is to encourage whistleblowers to report wrongdoing to their employers without fear of reprisals. Overall, CEPA provides a broader range of protections and remedies than other similar statutes, such as the federal False Claims Act.

New Jersey passed the law in 1986 with the intent to prevent retaliatory employment actions against employees who come forward with information regarding illegal or unethical practices, policies or acts by their employers.

Who is Covered by CEPA?

CEPA prevents retaliatory actions by both public and private employers. It protects at-will employees, employees covered by collective bargaining agreements and, in some cases, even independent contractors.

In order for CEPA protections to apply, however, an employee must be employed by the employer at the time of the alleged retaliatory act; CEPA does not apply to post-employment acts.

Which Employee Acts are Protected by CEPA?

CEPA only protects those employees who:
-Disclose or threaten to disclose to a supervisor or public body
any conduct, policy, activity or practice by the employer (or another employer with whom there is a business relationship) that the employee reasonably believes to be illegal
-Give testimony or provide information to a public body investigating the misconduct
-Refuse to participate or object to participating in any act, policy or practice the employee reasonably believes to be illegal, criminal, fraudulent or in violation of a clear mandate of public policy related to public safety, health, welfare or environmental protection

CEPA also protects health care workers who report incidents of patient mistreatment or improper quality of care as well as employees who report misrepresentation or deception to shareholders, investors, clients, customers or others who have a relationship with the employer.

Employer Prohibitions

Employers are prohibited from taking retaliatory actions against employees who engage in activities protected by CEPA.

Under New Jersey law, the following actions have been found to meet the definition of a retaliatory adverse employment action:
-Termination
-Demotion
-Suspension

Other adverse employment actions also may rise to the level of retaliation, but to do so, the employee must endure a "lasting prejudice" and the acts must affect the employee's compensation and/or rank within the company. Additionally, acts that are the functional equivalent of termination also have been found to be retaliatory acts.

New Jersey courts generally have found that minor actions taken against the employee do not constitute retaliation, although some courts have found that the combined effect of several minor actions may be sufficient to show employer retaliation.

Proving a CEPA Claim

The initial burden of proof in a CEPA claim rests with the employee, who must successfully prove the following elements to prevent the case from being dismissed:
-The employee performed a protected whistleblower act
-The employer took adverse employment action against the employee
-But for the employee's participation in the protected whistleblower act, the employer would not have taken adverse employment action against the employee

As with other discrimination claims, once the employee is able to meet the initial burden of proof, the burden then shifts to the employer to prove that it had a non-discriminatory reason for taking adverse action against the employee.

If the employer is able to meet its burden, then the burden shifts back to the employee to prove that the employer's non-discriminatory reason is nothing more than pretext and that the employer's true motive for the adverse action was retaliation.

Employees are not required to prove that their employers actually violated a particular law, regulation or rule. Rather, CEPA requires only that the employee possess a reasonable belief that his or her employer committed an illegal act. Additionally, employees are not automatically prevented from pursuing a CEPA claim if they participated in the illegal or unethical acts that are the subject of the claim.

CEPA Remedies

Employees who successfully prove a CEPA claim may be entitled to the following types of remedies:
-Injunctive relief
-Reinstatement to their employment position
-Compensatory damages, including lost wages and benefits
-Punitive damages
-Attorney fees and court costs

Conclusion

If you believe you have a CEPA claim, it is important to contact an experienced attorney. Only an experienced attorney can explain your rights in this area of the law, which also may include qui tam, False Claims Act or other federal whistleblower claims.

Article provided by Begelman, Orlow & Melletz, Attorneys At Law
Visit us at http://www.begelmanorlow.com

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