Articles Tagged with “New Jersey Whistleblower lawyers”

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whistleblower-1764379__340-300x300New Jersey employment law protects employees who object to or report illegal conduct by their employers.  New Jersey’s whistleblower protections, particularly the Conscientious Employee Protection Act, have been recognized as the strongest in the nation.  The various sources of these protections are discussed below.

New Jersey’s Common Law – the Original Protection

New Jersey’s common law – the body of law derived from prior court decisions – holds that it is a civil wrong for an employer to fire an employee “in violation of a clear mandate of public policy.”  What this has been interpreted to mean in the seminal New Jersey Supreme Court case of Pierce v Ortho Pharmaceuticals Corp. is that an employer cannot fire an employee in retaliation for the employee acting in opposition to a practice by the employer which was in violation of public policy, which in practice meant against the law.

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depositphotos_26346931-We-have-to-do-something-against-workplace-bullying.jpgNew Jersey employees in the private sector and many in the public sector are known as at-will employees. This means that employees may be fired at any time, for any reason, or for no reason. Employees, however, cannot be fired for retaliatory reason. New Jersey has expansive laws that protect employees from their employers’ retaliatory conduct, including termination.

Employers can retaliate against employees in many different forms. Employers can retaliate against employees through harassment. For example, employers may try to reprimand, demote, or pass over for promotions employees who raise certain complaints or file certain claims. Another form of retaliation is firing an employee for engaging in certain activity.

However, not every termination or reprimand allows employees to have an actionable claim against employers. Instead, employees must engage in certain protected activity and the retaliatory conduct must be the motivation for the employees’ protected activity.

New Jersey’s Conscientious Employee Protection Act also known as New Jersey ‘s “Whistleblower” law makes it illegal for employers to retaliate against employees who object to or refuse to participate in an activity which the employees reasonably believe are illegal, criminal or fraudulent, or violates a clear mandate of public policy relating to public health, safety, welfare or the environment. Employers which retaliate against employees who object or refuse to participate in this type of activity can subject themselves to a lawsuit and significant consequences.
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