At Risman & Risman, P.C., we understand that standing up for what’s right isn’t always easy—especially in the workplace. Employees who bravely speak out against unlawful activity, or “whistleblowers,” are often crucial to maintaining integrity and fairness within their organizations. However, they may also face severe retaliation as a result. Our dedicated team of employment lawyers is here to help protect your rights and interests. We focus on representing employees in whistleblower retaliation cases, utilizing a deep understanding of Federal and New Jersey State laws to help our clients pursue justice.
Federal and New Jersey State Whistleblower Laws
Federal whistleblower protections are provided under various laws, such as the Whistleblower Protection Act (WPA), the Sarbanes-Oxley Act, the False Claims Act, and others, depending upon the nature of the employer and the type of violation reported.
New Jersey also has a strong statute protecting whistleblowers, known as the Conscientious Employee Protection Act (CEPA). CEPA is considered one of the broadest whistleblower protection laws in the country. It shields employees from retaliation for reporting or threatening to report their employers’ illegal activities or refusing to participate in activities they reasonably believe violate a law or regulation.
Understanding Whistleblower Retaliation
Whistleblower retaliation occurs when an employer punishes an employee for engaging in legally protected activity, such as reporting illegal conduct. Retaliation can take many forms, including but not limited to termination, demotion, harassment, or any other adverse employment action that would deter a reasonable person from whistleblowing in the future.
For example, if you report safety violations to OSHA and subsequently face unjustified negative performance reviews, reduced hours, denial of promotion, or even dismissal. You may be a victim of whistleblower retaliation.
Our Legal Strategy
Our legal team employs a thorough, client-centric approach when tackling whistleblower retaliation cases. We first ensure you clearly understand your rights and protections under federal and state law. Then, we evaluate the specific circumstances surrounding your case to develop a comprehensive strategy. This strategy typically includes gathering evidence of the retaliation, preparing a persuasive narrative to illustrate your case, and establishing the link between your whistleblowing activity and the adverse employment action.
Let’s illustrate this with a hypothetical case: suppose an employee of a pharmaceutical company discovers their employer is engaged in fraudulent Medicare billing practices. Upon reporting this to a supervisor, the employee receives poor performance evaluations and is eventually terminated. In this instance, our team would seek to establish that the employee engaged in protected activity (reporting the fraudulent practices) suffered an adverse employment action (termination) and that there is a causal link between these events (poor performance reviews and termination following the report).
No employee should suffer for doing what’s right. If you’ve been retaliated against for whistleblowing, seeking legal guidance promptly to protect your rights is critical. We have the resources, expertise, and determination to represent you in the face of powerful corporate interests.
While confronting your employer might seem daunting, remember that laws are on your side. Federal and New Jersey state law aims to foster an environment of transparency and responsibility. As your representatives, we strive to uphold these principles, ensuring your courage in standing up against wrongdoing is rewarded, not punished.
Remember, strict time limits apply to whistleblower retaliation claims, so acting fast is essential. Please contact us online or at (212) 233-6400 to discuss your case and potential legal options. We’re committed to protecting and advocating for your rights as a whistleblower, ensuring that you’re treated with the fairness and respect you deserve. Let us fight for you.
Please note that this page is designed to provide a broad overview of whistleblower retaliation and does not constitute legal advice. Every situation is unique. For advice tailored to your circumstances, please get in touch with our firm.