Introduction
Losing your job is a stressful situation. Losing work because you refuse to engage in illegal activity is far more disconcerting. In fact, it may be considered a retaliatory wrongful termination. In New Jersey and across the US, employers cannot legally terminate an employee for refusing to break the law. There are federal and state protections to ensure that your job is safe in such scenarios. If you have been wrongfully terminated because you refused to do something illegal, you may have a case and should consider contacting an employment lawyer like Swartz Swidler, LLC.
Key Takeaways
- If an employer fires you for refusing to engage in illegal activity, this may constitute wrongful termination under federal and state laws.
- Employers may unlawfully pressure employees to falsify records, violate safety regulations, engage in discrimination, sell illegal products, or lie to authorities.
- Under the Conscientious Employee Protection Act (CEPA), employees cannot be fired, demoted, or harassed for refusing to participate in unlawful conduct or reporting it.
- Laws like OSHA, the Sarbanes-Oxley Act, and the False Claims Act safeguard employees from retaliation when reporting misconduct.
- Wrongfully terminated employees should document incidents, file complaints, consult an employment attorney, and consider legal action for compensation and reinstatement.
What Constitutes Wrongful Termination?
Wrongful termination occurs when an employer unlawfully fires an employee in violation of federal or state laws. While employers generally have the right to terminate at-will employees for any lawful reason, they cannot fire someone for refusing to engage in illegal activity. If an employee is dismissed after refusing to break the law, this is considered retaliatory firing, which is prohibited under various employment laws.
Employees often find themselves in difficult situations where their employer pressures them to act unethically or unlawfully. If you were asked to engage in illegal activity and fired for refusing, you may have grounds for a wrongful termination claim.
Examples of Illegal Employer Requests
Employers may attempt to coerce you or other employees into engaging in illegal conduct, including:
- Falsifying financial records or tax documents: Being asked to manipulate accounting records, misrepresent revenue, or to evade taxes is illegal.
- Violating workplace safety regulations: Some employers may cut corners on safety protocols, ignore OSHA requirements, or force employees to work in hazardous conditions.
- Engaging in discrimination or harassment: If an employer demands that you participate in discriminatory hiring practices or retaliate against employees for protected characteristics, they are breaking the law.
- Selling or distributing illegal products: Fradulent or illegal sales practices, including the movement of contraband, puts employees at risk of criminal liability.
- Lying to customers or government agencies: Employers may pressure workers to falsify reports, mislead consumers, or deceive regulators to protect the company’s interests.
Whistleblower Protections in New Jersey
There are federal and state laws in place to protect employees from retaliation should they refuse to participate in illegal activities or when you report such activity. In other words, if you are fired because you stood up or blew a whistle against illegal conduct, then you may be entitled to legal protections and compensation.
Here is a look at some state and federal acts and laws to protect you and your position:
New Jersey’s Conscientious Employee Protection Act (CEPA)
The Garden State has some of the strongest and most comprehensive whistleblower protections in the entire country. Under CEPA, employees can report illegal activities to a supervisor, law enforcement agency, or government regulator. Furthermore, you can refuse to participate in unlawful conduct, even when requested a superior. You are also able to testify during an investigation, lawsuit, or government inquiry without fear of retaliation.
If you are fired, demoted, harassed, or otherwise retaliated against, you have grounds under CEPA to file a lawsuit against your employer. Employees who prevail with a CEPA claim may be entitled to compensation for lost wages and other damages.
Federal Whistleblower Protections
Several federal laws also provide safeguards against wrongful termination for employees who report illegal activity:
- Occupational Safety and Health Act (OSHA): Protects workers who report unsafe or illegal working conditions.
- Sarbanes-Oxley Act: Protects employees in the financial sector from retaliation when reporting corporate fraud.
- False Claims Act: Shields employees from retaliation when they expose fraud against the government.
If your termination was a result of refusing to participate in illegal activity or reporting misconduct, you may have a valid claim under CEPA or federal whistleblower protections. Speaking with an employment attorney can help you understand your rights and determine the best course of action.
Steps to Take If You Were Wrongfully Terminated
If you believe that you were wrongfully terminated after refusing to engage in illegal activity at work or for your employer, there are steps you can take. Do the following to protect your rights:
- Document Everything: Keep records of any communications outlining the illegal activity or the request, including emails, text messages, and conversations. You can also include eye witness accounts and photographs, if such things are available.
- File a Complaint: Report the issue to the appropriate government agency, such as OSHA or the US Department of Labor. You can also file a complaint with HR or with management to create a record.
- Consult a New Jersey Employment Attorney: Bring your documented evidence to an employment lawyer and have them review your case. The attorney can help you take action against your employer and protect your rights. In court, they can also speak on your behalf.
- File a Lawsuit: If your termination violates CEPA or federal laws, you may be entitled to compensation, back pay, or job reinstatement.
Contact a New Jersey Employment Lawyer Today
If you were fired for refusing to do something illegal, your employer may have violated your rights. The employment attorneys at Swartz Swidler, LLC can help you determine your legal options and fight for justice. Contact us today at 856-685-7420 or fill out our online form for a free consultation.
