When Following the Rules Gets You Fired — Our New Jersey Employment Attorneys Can Help
Often times when an employee does the right thing by reporting illegal conduct of their employer, they are subjected to adverse employment action, up to and including, the termination of their employment. Under New Jersey state law, an employee is protected from retaliation from complaining or objecting to an activity, practice or policy of their employer that the employee reasonably believe is illegal.
Smith, Smith & Curley P.C. has successfully represented wokers who have been retaliated against or wrongfully terminated after opposing or reporting their company's illegal actions.
If you suffered retaliation for reporting what you reasonably believed to be your employer's unlawful actions, we are here to help.
Whistle blowers can be retaliated against in subtle ways; for instance, their supervisors find bogus ways to "write them up" or paper their file so to build a case for demotion or termination. Others times, employees are retaliated against by way of harassment by co-workers or supervisors who are unhappy with the employees whistle-blowing activities.
Reveal the Truth
When analyzing a potential claim for whistle-blower retaliation, the Smith, Smith & Curley employment attorneys will investigate to determine "the real reason" why the employee was fired or subjected to other adverse employment actions. In many situations, the termination of a whistle-blower will have little to do with their performance, and a lot to do with their complaints or objections to their employer's unlawful activity, for example:
- Company fraud and embezzlement
- Tax evasion
- Failure to pay overtime
- Purposeful misclassification of federal contractors
- Orders to veil undocumented workers
- Orders to fake loan or bank documents
- Health insurance and Medicare/Medicaid billing fraud
- Stark Act and Federal Anti-Kickback laws
- Attempt to avoid OSHA obligations
NEW JERSEY'S CONSCIENTIOUS EMPLOYEE PROTECTION ACT PROHIBITS EMPLOYERS FROM RETALIATING AGAINST EMPLOYEES FOR BLOWING THE WHISTLE
The New Jersey Conscientious Employee Protection Act (CEPA) makes it unlawful for an employer to take adverse employment action against an employee who discloses, objects to or refuses to participate in illegal actions of his or her employer.
Under New Jersey's CEPA statute, N.J.S.A. 34:19-3, an employer shall not take any retaliatory action against an employee because the employee does any of the following:
a. Discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer, or another employer, with whom there is a business relationship, that the employee reasonably believes:
(1) is in violation of a law, or a rule or regulation promulgated pursuant to law, including any violation involving deception of, or misrepresentation to, any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity, or, in the case of an employee who is a licensed or certified health care professional, reasonably believes constitutes improper quality of patient care; or
(2) is fraudulent or criminal, including any activity, policy of practice of deception or misrepresentation which the employee reasonably believes may defraud any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity;
b. Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law by the employer, or another employer, with whom there is a business relationship, including any violation involving deception of, or misrepresentation to, any shareholder investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity, or, in the case of an employee who is a licensed or certified health care professional, provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into the quality of patient care; or
c. Objects to, or refuses to participate in any activity, policy or practice which the employee reasonably believes:
(1) is in violation of a law, or a rule or regulation promulgated pursuant to law, including any violation involving deception of, or misrepresentation to, any shareholder, investor, client, patient, customer, employee, former employee, retiree, or pensioner of teh employer or any governmental entity, or, if the employee is a licensed or certified health care professional, constitutes improper quality of patient care;
(2) is fraudulent or criminal, including any activity, policy or practice of deception or misrepresentation which the employee reasonably believes may defraud any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity; or
(3) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.
HAVE YOU BEEN FIRED FOR BLOWING THE WHISTLE ON YOUR EMPLOYER?
If you believe you were terminated for standing up to your employer concerning an activity, policy or practice that you believed to be illegal in violation of New Jersey's CEPA law, our lawyers are here to listen to the facts of your case and pursue compensation on your behalf for lost back and front wages, emotional distress and other damages against your former employer if actionable.
Recent Multi-Million Dollar Case Favoring Our Client
Our law firm recently handled a highly publicized multimillion dollar legal case involving a whistleblower cardiologist in New Jersey. Our client worked at a major medical center when he reported that the organization within which he worked was giving kickbacks. We thoroughly investigated and meticulously prepared his case, which ultimately led to the indictment of several doctors and administrators of the University of Medicine and Dentistry of New Jersey at the University Hospital in Newark, New Jersey ("UMDNJ").
Protecting the Rights of Whistleblower Employees - Call Today.
To learn more about how we can help you, please call our Shrewsbury firm at 732-935-7246 or e-mail us to schedule a consultation with one of our experienced employment attorneys.
