New Jersey Whistleblower Law FAQs

What is Whistleblower Law?

In New Jersey, “whistleblower law” refers to a body of law which protects employees who engage in “whistleblowing activity.”  There are two basic sources of New Jersey whistleblower law: the statutory protections of the New Jersey Conscientious Employee Protection Act (CEPA); and the common law protections under the case of Pierce v. Ortho Pharmaceuticals (Pierce), which provides similar protections.

Who is considered a whistleblower?

While the definition is more broadly used in the press, under New Jersey employment law a whistleblower protected by CEPA or Pierce is an employee who discloses, objects to, or refuses to participate in certain actions or policies of her employer that she reasonably believes to be illegal, fraudulent, or in certain instances compromises patient care or violates established public policy.

Who is covered under New Jersey whistleblower law?

Both full-time and part-time employees are protected in New Jersey under Pierce and the New Jersey Conscientious Employee Protection Act.

What protections do whistleblowers have in New Jersey?

Under CEPA and Pierce, employers are prohibited from taking retaliatory action against an employee for engaging in protected whistleblowing activity.

What is considered retaliation?

Retaliation under New Jersey whistleblower law includes any adverse employment action such as termination, demotion, suspension, or harassment because an employee has disclosed or refused to participate in illegal activities.

Do I need a lawyer to file a whistleblower complaint?

While not strictly necessary, having a whistleblower attorney is a good idea.  It can greatly improve your chances of success in a whistleblower case. They can guide you through the complex litigation process, engage in discovery to gain crucial evidence, advocate for you with judges, juries and defense lawyers, and use their experience and training to fight to protect your rights.

How long do I have to file a whistleblower lawsuit?

Under CEPA, you have one year from the date of the retaliatory action to file a whistleblower lawsuit.  Under Pierce, you have two years from the retaliatory action to file.

Can I file a whistleblower lawsuit if I only suspect illegal activity?

Under New Jersey employment law, an employee can file a whistleblower lawsuit if she objects to what she reasonably believes is illegal activity.  In other words, you need an objectively “reasonable belief” – you don’t need to be perfect.

Can a company make me waive my right to blow the whistle?

No, any provision in an employment contract that attempts to waive your rights under New Jersey whistleblower law is unenforceable.  However, if an arbitration agreement meets certain requirements, you may need to enforce your rights through arbitration rather than in court, and you would lose your right to a jury trial.

What should I do if I face retaliation?

If you face retaliation for whistleblowing, you should get in touch with a New Jersey employment lawyer as soon as possible. They can help you understand your rights and options.

What type of evidence is needed to prove a whistleblower claim?

Typically, you need evidence of the illegal activity you reported, evidence of your report, proof that your employer was aware of your report, and evidence of the retaliation you experienced.

Can I file a whistleblower law claim if I am a government employee?

Yes, CEPA and Pierce cover both private and public sector employees in New Jersey.  However, it only covers state, county and local employees in New Jersey.  It does not protect federal employees.

What compensation can I receive from a successful whistleblower claim?

If successful, you may be entitled to back pay, front pay, emotional distress damages, and punitive damages.  Under CEPA you may also be able to recover your attorneys fees from your employer, which is not available under Pierce.  However, Pierce has a two-year limitations period while Pierce only has a one-year statute of limitations.  Therefore, even though attorneys fees are not available under Pierce, it may be the only option available depending on when you file.

Can a whistleblower claim be settled out of court?

Yes, whistleblower claims can be settled out of court through negotiations between your attorney and your employer’s attorney.

Can I be fired for filing a whistleblower lawsuit?

No, it is illegal for an employer to fire an employee in retaliation for filing a whistleblower law claim.

Can my employer retaliate against me for talking to an attorney about a potential CEPA claim?

No, seeking legal advice is protected under CEPA and an employer cannot retaliate against you for doing so.

What should I do if I believe I am being retaliated against for blowing the whistle?

If you believe you are being retaliated against, it’s important to consult with a New jersey employment lawyer. You can reach out to McLaughlin & Nardi, LLC by filling out the contact form on this page or calling (973) 890-0004.