Advocating For Whistleblowers
Some people do the right thing, even if it places them at risk. These people are called whistleblowers. Driven by conscience, they blow the whistle on illegal, unethical or fraudulent behavior on the part of their employers.
There are many federal that protect whistleblowers. In addition, New Jersey has a strong law that reflects its public policy of protecting whistle-blowers. Under the New Jersey Conscientious Employee Protection Act, the Plaintiff must show that it is more likely than not that he/she reasonably believed that the alleged wrongful activity, policy, or practice about which plaintiff “blew the whistle” was either (a) in violation of a law or rule or regulation issued under the law (including laws, rules, and regulations prohibiting fraud and criminal conduct), or (b) incompatible with a clear mandate of public policy concerning public health, safety, or welfare or the protection of the environment;1(2) that he/she blew the whistle (3) the defendant took retaliatory action]; and (4) the existence of a causal connection between his/her protected activity and the retaliation by the defendant.
In Donofry v. Autotote Systems, Inc. 350 N.J. Super. 276, 296 (App. Div. 2001) the Appellate Division held that the Plaintiff has the ultimate burden of proof is to prove by a preponderance of the evidence that his protected whistleblowing activity was a determinative…motivating factor in defendant’s decision to take adverse employment action against the plaintiff, that it made a difference; that plaintiff need not prove that his whistle-blowing activity was the only factor in the decision to take adverse employment action.
It is noted that the New Jersey Statute protects whistleblower including those who blow the whistle about a wrongful activity, policy, or practice about which plaintiff “blew the whistle” he/she reasonably believed constituted improper quality of patient care”. N.J.S.A. 34:19-3.
A whistleblower who prevails is entitled to recover for lost wages, which includes back pay and front pay, as well as compensation for emotional distress damages. In addition, Under the New Jersey Conscientious Employee Protection Act, if the plaintiff prevails on any claim, the plaintiff may make an application for attorney’s fees.
Note that the New Jersey law has only a 1-year statute of limitations
Often, they pay a steep price for their honesty and integrity. Whistleblowers frequently find themselves the victims of workplace retaliation, harassment, or termination. It is important to know that these actions are illegal, and you have options.
If you are a whistleblower who has been the victim of workplace retaliation, please contact me for a free consultation. I am employment attorney Stephen Roger Bosin. I take great pride in standing up for the rights of whistleblowers in Bergen County and throughout New Jersey.
A Lawyer Who Will Protect Your Rights
I seek financial compensation for whistleblower clients using federal and state laws, including New Jersey’s Conscientious Employee Protection Act, or CEPA, as well as the federal qui tam law.