NJ Whistleblower Retaliation
Have you been fired, disciplined or demoted for raising a complaint? You may have a claim for retaliation. All employees in New Jersey have a legal right to raise objections or make complaints against harassment, discrimination, or any other unlawful conduct experienced in the workplace. If in turn your employer resorts to retaliatory actions against you in the form of termination, further harassment, demotions or what is referred to as constructive discharges, that employer has violated your rights and you may have an actionable claim against them.
Illegal Retaliation Law in New Jersey
New Jersey state and Federal laws make it illegal for any employer to retaliate against a “whistleblower” in their employ, i.e. an employee that reports the employer’s criminal, unlawful or otherwise fraudulent operations/practices.
In the state of New Jersey, this law is covered in the Conscientious Employee Protection Act, or CEPA. According to this law, your employer violated your rights if you were terminated, harassed, disciplined, or demoted for reporting activities that you reasonably believed to be unlawful.
Constructive Termination in NJ
Constructive discharge, also known as constructive dismissal or constructive termination, is legal language referring to a very specific version of employer retaliatory action. Here, rather than firing the employee, the employer decides to make that employee’s work environment/conditions so insufferable that the employee is forced to quit.
While the employer did not come right out and fire you, orchestrating a constructive discharge is just as unlawful as any other form of wrongful termination or employer retaliation.
Whistleblower Qui Tam
There are special circumstances when a whistleblower is not just speaking out against common unlawful practices in the workplace; they are shedding light on an employer’s operations, which defraud the State of New Jersey or the Federal Government of taxes, grants or funds of other kinds. This kind of whistleblowing is protected by the Federal False Claims Act, which protects and can potentially reward persons who alert the state or federal government against employers perpetrating fraud.
These cases are typically filed qui tam, and the person is known as a relator rather than a plaintiff. If you have a case of this nature against your employer, it is imperative that you talk to no one else before consulting an attorney who has experience with qui tam lawsuits, such as the attorneys at The Law Office of Benjamin Friedman.
If you have sound evidence against the employer following investigations in conjunction with the US Attorney and the Department of Justice, you may be entitled to a portion of the money recovered or potentially saved by the government/state, called a “relator’s share.”
Whistleblower Attorney NJ
If you suspect you have been a victim of whistleblower retaliation, contact The Law Office of Benjamin Friedman to be connected with an experienced New Jersey attorney who can give an objective evaluation of the facts of your claim, and help you bring a claim against your employer if your case has merit.
Call The Law Office of Benjamin Friedman for an experienced lawyer who can help you if you think you have a whistleblower retaliation or qui tam case. Our office is located in Marlton, New Jersey.