Blowing the Whistle on Workplace Wrongdoing: Protections for Employees in PA and NJ

Workplace wrongdoing is any illegal, unethical, or fraudulent conduct committed by an employer or a co-worker that harms the public interest, such as violating the law, wasting public funds, endangering public health or safety, or harming the environment. Employees who witness or discover workplace wrongdoing have a duty and a right to report it to the appropriate authorities, such as their supervisors, internal auditors, external regulators, or law enforcement agencies. These employees are known as whistleblowers, and they play a vital role in exposing and preventing workplace wrongdoing.

However, whistleblowing can also expose employees to the risk of retaliation from their employers or co-workers, who may try to silence, punish, or discourage them from reporting workplace wrongdoing. Retaliation can take many forms, such as firing, demoting, transferring, harassing, or discriminating against the employee. Retaliation can have a negative impact on the employee’s career, income, reputation, and well-being.

Fortunately, whistleblowers are not alone or unprotected. There are several federal, state, and local laws that protect whistleblowers from retaliation and provide them with remedies and rewards for reporting workplace wrongdoing. In this article, we will explain what workplace wrongdoing is, what laws protect whistleblowers in PA and NJ, how to report workplace wrongdoing, and how to get legal help.

What is Workplace Wrongdoing?

Workplace wrongdoing is any illegal, unethical, or fraudulent conduct committed by an employer or a co-worker that harms the public interest. Workplace wrongdoing can take many forms, such as:

• Violating federal, state, or local laws or regulations, such as tax laws, environmental laws, labor laws, or consumer protection laws.
• Wasting, misusing, or stealing public funds, resources, or property, such as embezzling, overbilling, or falsifying records.
• Endangering public health or safety, such as producing or selling defective or dangerous products, violating health or safety standards, or covering up accidents or injuries.
• Harming the environment, such as polluting, dumping, or destroying natural resources, wildlife, or habitats.
• Engaging in fraud, corruption, bribery, or other criminal activities, such as lying, cheating, or colluding with others to gain an unfair advantage or benefit.

Workplace wrongdoing can affect various sectors and industries, such as government, education, health care, finance, manufacturing, or transportation. Workplace wrongdoing can also involve various parties and entities, such as employers, employees, contractors, subcontractors, suppliers, customers, or competitors.

What Laws Protect Whistleblowers in PA and NJ?

There are several federal, state, and local laws that protect whistleblowers from retaliation and provide them with remedies and rewards for reporting workplace wrongdoing. These laws apply to different types of employers, employees, and wrongdoing, and have different requirements, procedures, and benefits. Some of the most relevant laws for whistleblowers in PA and NJ are:

• The False Claims Act (FCA), which is a federal law that prohibits fraud against the federal government, such as submitting false or fraudulent claims for payment or approval, or making false statements or records to conceal or avoid an obligation to the government. The FCA allows whistleblowers, also known as relators, to file a lawsuit on behalf of the government against the wrongdoers, and to receive a percentage of the recovery, which can range from 15% to 30%, depending on whether the government intervenes or not. The FCA also protects whistleblowers from retaliation and allows them to recover double their back pay, interest, special damages, attorney’s fees, and costs.
• The Pennsylvania Whistleblower Law (PWL), which is a state law that protects employees of state or local government or other publicly funded groups from retaliation for reporting waste, fraud, or abuse. The PWL requires employees to report the wrongdoing in writing to their supervisors and to give the employer a reasonable opportunity to correct it, before reporting it to a public body. The PWL also allows employees to file a lawsuit in court within 180 days of the retaliation, and to recover back pay, benefits, reinstatement, attorney’s fees, and costs.
• The New Jersey Conscientious Employee Protection Act (CEPA), which is a state law that protects employees from retaliation for disclosing, objecting to, or refusing to participate in workplace wrongdoing that violates the law, public policy, or professional standards. The CEPA covers employees of public and private employers, and does not require employees to report the wrongdoing to their employers before reporting it to a public body. The CEPA also allows employees to file a lawsuit in court within one year of the retaliation, and to recover back pay, front pay, compensatory damages, punitive damages, attorney’s fees, and costs.
• The Philadelphia Whistleblower Protection Ordinance, which is a local law that protects employees of the City of Philadelphia or its contractors or subcontractors from retaliation for reporting waste, fraud, or abuse. The ordinance requires employees to report the wrongdoing in writing to their supervisors and to the Inspector General, and to cooperate with any investigation. The ordinance also allows employees to file a complaint with the Philadelphia Commission on Human Relations within 300 days of the retaliation, and to recover back pay, front pay, compensatory damages, punitive damages, attorney’s fees, and costs.

These are some of the main laws that protect whistleblowers in PA and NJ, but there may be other laws that apply to specific sectors, industries, or issues, such as health care, securities, or environmental protection. Whistleblowers should consult with an experienced employment law attorney who can advise them on the best laws and strategies for their case.

How to Report Workplace Wrongdoing?

If you witness or discover workplace wrongdoing, you should take the following steps to report it and seek relief:

• Document the wrongdoing. Keep a record of the dates, times, locations, witnesses, and details of the wrongdoing. Save any evidence, such as emails, texts, voicemails, photos, documents, or records, that show the wrongdoing or your employer’s response to it.
• Report the wrongdoing to your employer. Follow your employer’s policy and procedure for reporting wrongdoing, if they have one. If not, report the wrongdoing to your supervisor, internal auditor, compliance officer, or any other person in charge. Make your report in writing and keep a copy for yourself. Give your employer a reasonable opportunity to correct the wrongdoing, unless you believe that doing so would be futile or dangerous.
• Report the wrongdoing to an external agency. If your employer does not take appropriate action to stop the wrongdoing, or if you are afraid of retaliation, you can report the wrongdoing to an external agency that enforces the laws that apply to your case, such as:
  • The Department of Justice (DOJ), if you want to file a lawsuit under the FCA. You will have to file a complaint under seal and serve it to the DOJ and the court. The DOJ will investigate your complaint and decide whether to intervene or not. You can contact the DOJ at 202-514-2000 or visit their website at www.justice.gov.
  • The Office of State Inspector General (OSIG), if you want to file a complaint under the PWL. You will have to file a complaint in writing and provide the details and evidence of the wrongdoing and the retaliation. You can contact the OSIG at 717-787-6835 or visit their website at www.osig.pa.gov.
  • The New Jersey Department of Labor and Workforce Development (NJDOL), if you want to file a complaint under the CEPA. You will have to file a complaint in writing and provide the details and evidence of the wrongdoing and the retaliation. You can contact the NJDOL at 609-292-2305 or visit their website at www.nj.gov/labor.
  • The Philadelphia Commission on Human Relations (PCHR), if you want to file a complaint under the Philadelphia Whistleblower Protection Ordinance. You will have to file a complaint in writing and provide the details and evidence of the wrongdoing and the retaliation. You can contact the PCHR at 215-686-4670 or visit their website at www.phila.gov/humanrelations.

You can file a complaint with any or all of these agencies, depending on the nature and scope of your case.

How to Get Legal Help?

Reporting workplace wrongdoing can be a risky and challenging endeavor. You may face various obstacles and difficulties, such as gathering and preserving evidence, dealing with your employer or their lawyers, facing retaliation or harassment, navigating the legal system and the various laws and rules that apply, negotiating a settlement, or litigating your case in court, and appealing the verdict or the decision. You may also miss out on the remedies and rewards that you deserve, or even lose your case, if you do not follow the proper procedures or meet the deadlines.

That is why you need legal help from an experienced employment law attorney who can advise you on your legal options and represent you in your claim. An attorney can help you:

• Evaluate the strength and value of your case and advise you on the best laws and strategies for your case.
• Gather and preserve evidence to support your claim and counter any defenses or arguments from the other side.
• Deal with your employer or their lawyers on your behalf and protect you from any intimidation, manipulation, or coercion.
• File a complaint with the appropriate agency or a lawsuit in court and ensure that your claim is filed and handled properly and timely.
• Negotiate a fair settlement or litigate your case in court, present your case effectively and persuasively, and advocate for your best interests.
• Appeal the verdict or the decision if you believe that there was an error 

Conclusion

Workplace wrongdoing is any illegal, unethical, or fraudulent conduct committed by an employer or a co-worker that harms the public interest. Employees who report workplace wrongdoing are known as whistleblowers, and they play a vital role in exposing and preventing workplace wrongdoing. However, whistleblowing can also expose employees to the risk of retaliation from their employers or co-workers, who may try to silence, punish, or discourage them from reporting workplace wrongdoing.

Fortunately, whistleblowers are not alone or unprotected. Several federal, state, and local laws protect whistleblowers from retaliation and provide them with remedies and rewards for reporting workplace wrongdoing. These laws apply to different types of employers, employees, and wrongdoing, and have different requirements, procedures, and benefits. Whistleblowers should consult with an experienced employment law attorney who can advise them on the best laws and strategies for their case.

Reporting workplace wrongdoing can be a risky and challenging endeavor. You may face various obstacles and difficulties, such as gathering and preserving evidence, dealing with your employer or their lawyers, facing retaliation or harassment, navigating the legal system and the various laws and rules that apply, negotiating a settlement, or litigating your case in court, and appealing the verdict or the decision. You may also miss out on the remedies and rewards that you deserve, or even lose your case if you do not follow the proper procedures or meet the deadlines.

That is why you need legal help from an experienced employment law attorney who can advise you on your legal options and represent you in your claim. An attorney can help you evaluate your case, gather evidence, deal with your employer, file a complaint, negotiate a settlement, or litigate your case. An attorney can help you get the compensation and justice you deserve.

At Swartz Swidler LLC, we are committed to protecting the rights of employees and fighting for justice. We have extensive experience and knowledge in handling various employment law cases, such as workplace wrongdoing, harassment, discrimination, retaliation, wrongful termination, and wage and hour violations. We represent employees in PA, NJ, and across the nation. We work on a contingency fee basis, which means you pay nothing unless we win your case. We offer a free consultation to evaluate your situation and advise you on your legal options. We are ready to help you.

If you are looking for a trusted and experienced employment law attorney in PA or NJ, contact Swartz Swidler LLC today at (856) 685 7420 or fill out our online form. We are here to help you.