If you are in the process of exposing your employer’s wrongdoing to the appropriate regulatory agency or the public, or you have done so in the past and are now facing retaliatory behavior, you are a whistleblower and under most circumstances, you qualify for legal protection through OSHA’s whistleblower protection program.
Whistleblowing is a legally protected activity. You have the right to take any necessary steps to stop your company from committing health, safety, compliance, accounting, and employment law violations. These steps include giving anonymous tips, filing official claims, and testifying against your employer if another individual decides to take action against your employer. The protection provides for your right to continue with your career without the fear of retaliation from your employer or future employers.
Actions that are Not Protected
There are actions that are not protected by the Whistleblower Protection Act or other laws. These actions include any that directly impede the company’s ability to conduct its business, such as spamming review sites with information about the company’s wrongdoing. Other examples of actions that are not protected are personal threats made to employees and others associated with the company, attempts to hack the company’s website or data systems, and attempting to blackmail the company or an individual within it through the use of your information.
False reports are also not protected by any whistleblower protection laws. When you choose to take on the role of a whistleblower, you need to be able to prove that your allegations are true. In many cases, the truth comes out during the investigation from the appropriate regulatory board. Provide the investigator with all the evidence you can of the company’s transgression to support your claim.
New Jersey Whistleblower Attorneys
If your employer is committing ethics, compliance, health, or safety violations, you have the right to expose these violations to the proper regulatory authority. Do not allow your employer to intimidate you into keeping quiet about its transgressions. You have the right to act as a whistleblower. We have the legal knowledge and experience to protect you and your rights. Contact The Sattiraju & Tharney, LLP today to begin working on your whistleblower protection case with a member of our firm. As one of New York and New Jersey’s premier employment law firms, we will fight for your right to take a stand against your company’s wrongdoing and protect you from any retaliation you might face.
FAQs About Can You Get Whistleblower Protection in New Jersey
What is the main whistleblower protection law in New Jersey?
In New Jersey, the primary law is the Conscientious Employee Protection Act (CEPA). It protects employees from unlawful retaliation by their employers if they disclose or object to activities they reasonably believe are illegal, fraudulent, criminal, or harmful to public health and safety.
Can a Non-Disclosure Agreement (NDA) prevent me from being a whistleblower?
No. An NDA cannot legally prohibit an employee from exercising their right to report workplace discrimination or file a lawsuit if they suspect legal or ethical violations. There is a legal hard line protecting your right to alert authorities, such as management, law enforcement, or agencies like OSHA and the EEOC.
What does it mean to act in good faith as a whistleblower?
To receive protection under laws like the Whistleblower Protection Act, you must act in good faith. This means you must have a reasonable belief that wrongdoing is occurring and take reasonable steps to report it to the correct authority. If a report is made solely for personal gain or to get back at an employer without a factual basis, the employee may not be protected from termination or demotion.