Whistleblower Retaliation

New Jersey’s whistleblower statute is called the Conscientious Employee Protection Act (“CEPA”). Generally speaking, CEPA prohibits employers from retaliating against employees who disclose, object to, or refuse to participate in certain actions that the employees reasonably believe are illegal or against public policy.

Generally speaking, to establish a CEPA claim, an employee must show

  1. The employee reasonably believed that the employer’s conduct violated a law, rule or regulation; or was incompatible with a clear mandate of public policy concerning public health, safety, or welfare, or the protection of the environment;
  2. The employee performed “whistleblowing activity” as described under the statute (which includes disclosing or threatening to disclose the activity that the employee reasonably believes is a violation of the law to a supervisor, objecting or refusing to participate in the activity that the employee reasonably believes is a violation of the law, or providing information to a public body conducting an investigation regarding any activity that may be a violation of the law);
  3. An adverse employment action is taken against the employee; and
  4. There is a causal connection between the “whistleblowing activity” and the adverse employment action.

The Law Office of Frank A. Custode, LLC represents employees who have suffered from whistleblower retaliation.