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CEPA / Whistleblower Claims

CEPA or the Conscientious Employee Protection Act is a law that protects employees when they report illegal or unfair acts in the workplace. The act ensures that employees do not lose their jobs when they act as whistleblowers. Employers who punish workers under such circumstances can face lawsuits from employees. If you have lost your job for reasons that you think are related to whistleblowing, get in touch with Carcich O’Shea. We will carefully review the circumstances of your case and ensure that you get the justice that you deserve.

Understanding CEPA And Whistleblower Claims

The Conscientious Employee Protection Act or CEPA was passed by the New Jersey State Legislature and is regarded as one of the most far-reaching whistleblower-protection laws in the country. Under CEPA, both public and private employees are protected from retaliation by employees after revealing illegalities at work. Such illegalities could include environmental harm, unfair trade practices and much more. Under CEPA, it does not matter whether the employer is found guilty of the accusations that the employee had brought forward. The process only considers if the employee had reasonable grounds to think that something illegal was going on.

CEPA / Whistleblower Claims

Why Should You Hire Attorneys For CEPA And Whistleblower Claims?

If you have observed something at your workplace that you think is illegal, it is a good idea to talk to your lawyer about it. An experienced workplace attorney such as Carcich O’Shea will listen to the facts of your case and offer you sound advice on the way forward. This way, you record any and all evidence that can be used in the future in case your employer decides to retaliate against you. Having your lawyer involved right from the onset also ensures that you avoid making legal mistakes that could give your employer an advantage.

Common FAQs About CEPA / Whistleblower Claims

What constitutes whistleblowing under the law?

CEPA merely requires the employee to report when he or she has reasonable grounds to think that the employer is doing something wrong. This report could be made to third parties such as a regulatory body but could also be a report made to a supervisor at work.

Do I need solid evidence of wrongdoing before whistleblowing?

CEPA does not specify the level of evidence required but merely states that the employee should have reasonable grounds to believe that illegal acts are being committed. Talking to your lawyer can help give you the clarity to guide you through the next steps.

What sort of information can I disclose under CEPA?

Any acts by your employer that are fraudulent to the public, shareholders and other parties can be reported under this act. This broad category means illegalities such as harmful production practices, as well as environmental contamination can be reported. Others include tax and related fraud as well as criminal activities.

Am I protected if I testify?

Yes, CEPA covers any employee who testifies against the employer regarding the illegal activities. It also covers employees who assist law-enforcement agents in their investigations into the accusations made.

What constitutes retaliation under CEPA?

Any adverse action that the employer extends to the employee as a punishment for whistleblowing can constitute retaliation. These punishments include termination of work, demotions, withholding of privileges and much more.

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Carcich O’Shea, LLC is dedicated to bringing justice to your situation. We listen to your situation and provide the best possible way to get a settlement from your claims. You’re hiring top-notch attorneys by working with us! Mr. Carcich was recently selected for Super Lawyers, whereas Ms. O’Shea has been named in (201) Magazine’s “Bergen’s Best Attorneys”. We will manage your case from beginning to end.

If you have more questions about our legal expertise in employment litigation, feel free to contact us today. Alternatively, you may call us at 201-988-1308 or send an email to  carcichoshea@gmail.com .

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