At Lipari & Deiter, we understand how difficult it can be to speak up about wrongdoing in the workplace. Employees who witness illegal, unsafe, or unethical conduct often worry about losing their job, facing retaliation, or damaging their career. But doing the right thing shouldn’t cost you your livelihood.
Fortunately, New Jersey law is on your side. The Conscientious Employee Protection Act (CEPA) is one of the strongest whistleblower protection laws in the country. It empowers employees to report misconduct without fear of retaliation – and provides legal remedies if they are punished for speaking out.
If you’re considering reporting misconduct, it’s important to understand your rights under CEPA and how the process works. The attorneys at Lipari & Deiter are here to help guide you through every step, protecting your interests and helping you take a stand for what ’s right.
Here’s what you need to know about whistleblower protections in New Jersey and how you can protect your rights if you're thinking about reporting workplace misconduct:
What Is the Conscientious Employee Protection Act (CEPA)?
CEPA is New Jersey’s primary whistleblower law. It protects employees who report violations of law, public policy, or workplace safety rules. Whether you're in the public or private sector, CEPA is designed to shield you from retaliation for doing the right thing.
In simple terms, CEPA allows you to speak out – without losing your job or being punished – for reporting serious problems at work.
What Protections Does CEPA Provide?
Here are the key rights and protections CEPA offers:
- No Retaliation: Your employer can’t fire you, demote you, cut your pay, or harass you because you reported wrongdoing.
- Wide Coverage: CEPA applies to both public and private employees in New Jersey across all industries.
- Good Faith Reporting: Even if your concerns turn out to be unfounded, you’re protected as long as you reported them in good faith.
- Legal Remedies: If you’re retaliated against, you may be entitled to reinstatement, lost wages, damages for emotional distress, and your legal fees.
What Counts as Employer Misconduct Under CEPA?
Misconduct can take many forms. Under CEPA, employees can report:
- Illegal Activities: Such as fraud, embezzlement, tax evasion, or other violations of federal, state, or local laws.
- Violations of Public Policy: Including workplace discrimination, sexual harassment, or other actions that go against established public standards.
- Health and Safety Hazards: Like unsafe working conditions or environmental dangers that put people at risk.
- Gross Mismanagement or Abuse of Authority: Severe mismanagement that harms employees, consumers, or the company itself.
Steps to Take If You’re Considering Blowing the Whistle
If you’ve witnessed misconduct at work, taking the right steps can help protect your job – and strengthen your case.
1. Gather Evidence
Start by collecting documentation. This could include:
- Emails, texts, or memos
- Photos or videos of unsafe conditions
- Witness statements
- Copies of company policies or procedures that were violated
2. Report Internally (If Safe)
If you feel safe doing so, report the issue to your supervisor, HR department, or another appropriate authority within the company. Keep a written record of when you made the report, who you spoke to, and what was said.
3. Report Externally If Needed
If internal reporting isn’t safe or doesn’t resolve the issue, you may need to go to an outside agency, such as:
- OSHA for safety violations
- EEOC for discrimination or harassment
- Law enforcement for criminal activity
4. Consult a Whistleblower Attorney
Before moving forward, speak with an attorney who understands CEPA claims. They can:
- Evaluate your case
- Help you report the issue safely
- Advise you on the best legal strategy
5. File a CEPA Claim if You Face Retaliation
If your employer retaliates against you, you may be eligible to file a CEPA claim. You’ll need to show:
- You engaged in protected activity (like reporting misconduct)
- You experienced adverse action (such as being fired or demoted)
- There’s a link between your whistleblowing and the retaliation
What Does Retaliation Look Like?
Retaliation doesn’t always mean being fired. It can take many forms, including:
- Being demoted or passed over for promotions
- Pay cuts or reduced hours
- Harassment or being isolated at work
- Being reassigned to unpleasant or demeaning tasks
All of these actions may be considered retaliation under CEPA if they’re tied to your whistleblowing.
How a Whistleblower Attorney Can Help
Whistleblower cases can be complex and intimidating, especially when you're up against a powerful employer. Having a skilled attorney on your side makes a big difference.
An employment lawyer familiar with CEPA can:
- Review the facts and evidence
- Help you document your claims properly
- Represent you in court or negotiations
- Fight for compensation and accountability
Frequently Asked Questions About CEPA
1. How long do I have to file a CEPA claim?
You must file within one year of the retaliatory action. Don’t wait – timing is critical.
2. What can I recover if I win a CEPA case?
You may be entitled to:
- Reinstatement to your job
- Back pay and lost benefits
- Compensation for emotional distress
- Attorney’s fees and court costs
3. Am I protected if my report turns out to be false?
Yes – as long as you made the report in good faith. Intentionally false accusations, however, can lead to disciplinary action.
Take Action to Protect Yourself
Blowing the whistle is not easy, but it can protect others and uphold what’s right. New Jersey’s CEPA law exists to ensure you don’t have to choose between your job and your integrity.
If you believe you’ve witnessed misconduct – or if you’re already facing retaliation for speaking out – you don’t have to go through it alone.
Contact Lipari & Deiter for Trusted Whistleblower Representation
At Lipari & Deiter, we’re here to help you stand up for what’s right. Our team has experience handling CEPA claims and understands the emotional and legal challenges whistleblowers face.
Call us today at 609.645.9400 or fill out our contact form for a free, confidential consultation. We represent clients in Atlantic City, Hammonton, Galloway, Pleasantville, Somers Point, Margate City, and throughout South Jersey.
Disclaimer: This blog is for informational purposes only and does not create an attorney-client relationship. For legal advice about your specific situation, please contact our firm directly.