The Trusted Choice in New Jersey Whistleblower Retaliation Claims
At Castronovo & McKinney, we have a working knowledge of the whistleblower protections available under federal laws including:
- False Claims Act — Allows employees to participate in qui tam claims against employers for allegedly defrauding the federal government
- Dodd-Frank Act — Protects whistleblowers who report alleged securities law violations by employers to federal regulators and awards a percentage of a settlement or enforcement action
- Sarbanes Oxley Act — Protects employees who report accounting fraud or other misconduct by officers and directors at publicly traded companies
- Fair Labor Standards Act (FLSA) — Protects employees who complain about wages against employment retaliation
- Title VII of the Civil Rights Act of 1964 (Title VII) — Protects employees who complain about discrimination or harassment against adverse employment actions (e.g. firing, demoting)
Whistleblower Protection Act — Protects federal employees against retaliation for reporting misconduct at government agencies
These laws offer whistleblowers protection against adverse employment actions, discrimination, harassment, and other forms of retaliation. If you have been subjected to retaliation for exercising your legal rights under applicable federal laws, our experienced whistleblower attorneys will help you pursue all available legal remedies and obtain compensation for your losses.
How New Jersey Law Protects Whistleblowers
Under the Conscientious Employee Protection Act (CEPA), employees are protected from whistleblower retaliation for engaging in protected legal activity, such as:
- Reporting — Complaining, reporting, or disclosing information about violations of law, safety, or security standards in the workplace to a supervisor or public entity
- Filing — Pursuing a legal claim against an employer through litigation, arbitration, or an administrative proceeding before a government agency
- Testifying — Providing testimony in a legal proceeding against an employer for illegal activity, broken policy, or lack of standards in the workplace.
- Opposing — Refusing to participate in an activity that the employee reasonably believes is illegal
To qualify for protection under CEPA, you must be able to demonstrate the following elements of a whistleblower retaliation claim:
- You were subjected to an adverse employment action (e.g. terminated, demoted, punished), harassed, or otherwise retaliated against for engaging in protected legal activity
- Your employer was aware that you were engaging in protected whistleblower conduct
- You were retaliated against for whistleblowing
You must also be able to defend your belief that your employer was acting in violation of the law. Because of these and other challenges in proving whistleblower retaliation, it is crucial to have an experienced New Jersey whistleblower in your corner.
Why Choose Castronovo & McKinney
for Your Whistleblower Retaliation Claim
We have in-depth knowledge of CEPA and the applicable federal whistleblower laws and the experience to help you fight back against retaliation. Well-aware that employers have an unfair advantage over employees who blow the whistle and often retaliate in overt and obvious ways, such as:
- Refusing to take action about a valid complaint
- Terminating an employee for complaining or reporting illegal activity or safety violations
- Refusing to promote or demoting a reporting employee
- Creating an offensive or hostile work environment
When you become our client, we will handle all the details of your whistleblower retaliation claim, including:
- Conducting a thorough investigation
- Obtaining and reviewing employment records
- Identifying and interviewing witnesses
- Gathering evidence (emails, internal memos, text messages, chat room discussions)
- Forcefully negotiating a settlement with your employers and opposing counsel
While we prefer to resolve whistleblower claims through alternative forms of dispute resolution (e.g. negotiation, mediation, arbitration), our trial-ready approach can help you achieve a positive outcome in or out of the courtroom.
Recoverable Damages in a New
Jersey Whistleblower Retaliation Claim
Depending on the circumstances, you may be entitled to damages such as:
- Back pay
- Front pay
- Lost employee benefits
- Pain and suffering
- Emotional distress
You may also be awarded liquidated damages that are intended to punish your employer for retaliating against you, as well as attorneys’ fees and costs. CEPA also provides for equitable relief, including reinstatement of employment and requiring an employer to take corrective and remedial action to prevent future violations of the law.
Contact Our Experienced New Jersey Whistleblower Attorneys
It takes courage to report illegal activity or safety violations in the workplace; it takes a skilled employment lawyer to help you fight back against whistleblower retaliation. Contact our office today so we can start working on your claim.