CEPA FAQ

What types of acts are protected from Employer retaliation?

The CEPA statute, N.J.S.A. 34:19-1 et seq., protects employees who disclose or threaten to disclose to a supervisor or to a public body an activity, policy or practice of the employer, or another employer, which the employee reasonably believes is a violation of law. It also protects employees who object to, or refuses to participate in any activity, policy or practice which the employee reasonably believes is a violation of law.

What types of information may I disclose to be covered by this law?

1) a policy or practice in violation of a law, or a rule or regulation promulgated pursuant to law, including any violation involving deception of, or misrepresentation to, any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity, or, in the case of an employee who is a licensed or certified health care professional, reasonably believes constitutes improper quality of patient care; or

2) a policy or practice that is fraudulent or criminal, including any activity, policy or practice of deception or misrepresentation which the employee reasonably believes may defraud any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity.

Am I protected if I participate in an investigation?

The statute also protects persons who 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, including any violation involving deception of, or misrepresentation to, any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity, or, in the case of an employee who is a licensed or certified health care professional, provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into the quality of patient care.

Am I protected if I only object or refuse to participate?

Yes.

Does the statue protect employees who object to an activity which the employee reasonably believes is incompatible with a clear mandate of public policy concerning public health or protection of the environment?

Yes.

Disclaimer

This material is simply a generalized discussion of this statute and is not intended to be legal advice. Legal advice requires a reading of the statute as interpreted by the courts with that knowledge then applied to the facts of each case.