Reporting illegal activity at work takes courage. Whether it’s fraud, harassment, safety violations, or discrimination, you’re standing up for what’s right — but you may also be wondering: Can my boss fire me for speaking up?
The short answer is no. It is illegal for an employer to fire you for reporting misconduct. But unfortunately, retaliation still happens — and when it does, you have powerful legal protections.
At Swartz Swidler, we help workers across New Jersey and Pennsylvania fight back against retaliation and hold employers accountable. Here’s what you need to know about your rights.
The Short Answer: No, It’s Illegal to Fire You for Reporting Misconduct
Federal and state laws protect employees from retaliation when they report unlawful conduct. While your employer may try to intimidate you or even terminate your job, these actions are unlawful — and you may have the right to reinstatement, back pay, or damages.
What Counts as “Reporting Illegal Activity”?
You’re protected whether you report issues inside the company or to outside authorities. Examples include:
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Internal reporting: Complaining to a supervisor, HR, or company leadership about misconduct
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External reporting: Filing complaints with the EEOC, OSHA, the Department of Labor, or other government agencies
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Refusing to participate: Declining to take part in illegal acts ordered by your employer
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Whistleblowing: Alerting regulators, law enforcement, or the public about illegal business practices
Even if the misconduct you report isn’t ultimately proven, you are still protected as long as you acted in good faith.
Federal Laws Protecting Whistleblowers
Several federal laws shield employees from retaliation when reporting unlawful behavior, including:
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Title VII of the Civil Rights Act – Protects workers who report discrimination or harassment
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Americans with Disabilities Act (ADA) – Prohibits retaliation for requesting accommodations or reporting disability discrimination
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Family and Medical Leave Act (FMLA) – Protects employees who exercise their leave rights
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Occupational Safety and Health Act (OSHA) – Prohibits retaliation for reporting unsafe working conditions
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Sarbanes-Oxley Act – Protects employees who report corporate fraud
New Jersey and Pennsylvania Whistleblower Protections
Employees in New Jersey and Pennsylvania enjoy some of the strongest state-level protections:
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New Jersey CEPA (Conscientious Employee Protection Act): Known as NJ’s whistleblower law, CEPA protects employees who disclose or refuse to participate in illegal or fraudulent activity.
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New Jersey Law Against Discrimination (NJLAD): Prevents retaliation against employees who oppose discrimination or harassment.
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Pennsylvania Whistleblower Law: Safeguards employees who report waste, fraud, or wrongdoing that affects the public interest.
These laws give workers in both states powerful legal tools to challenge retaliation.
Examples of Illegal Employer Retaliation After Reporting
Employers may try to retaliate in different ways, including:
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Wrongful termination or being pressured to resign
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Sudden demotions or pay reductions
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Creating a hostile work environment
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Denying promotions, training, or opportunities
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Blacklisting you in your industry
If these actions occur soon after your protected activity, they may signal unlawful retaliation.
What To Do If You’re Fired (or Threatened) After Reporting
If you suspect retaliation, act quickly. Here’s what you should do:
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Document incidents – Keep detailed notes of each retaliatory act with dates and witnesses.
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Save evidence – Preserve emails, texts, HR complaints, and performance reviews.
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Report internally – If safe, file a complaint with HR or management in writing.
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Contact an employment attorney – Strict deadlines apply for retaliation claims, so don’t wait to get legal guidance.
How a Whistleblower Attorney Protects Your Rights
An experienced attorney can:
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Investigate your retaliation claim
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File complaints with the EEOC, OSHA, or state agencies
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Negotiate settlements for back pay, reinstatement, and damages
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Represent you in court if necessary
Having an attorney by your side ensures your employer takes your case seriously and that you don’t miss critical deadlines.
Why Choose Swartz Swidler for Whistleblower and Retaliation Claims
At Swartz Swidler, we have decades of experience representing workers in New Jersey and Pennsylvania who faced retaliation for reporting illegal activity.
Employees choose us because:
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We know CEPA, NJLAD, and Pennsylvania’s whistleblower laws inside and out
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We have a proven track record in whistleblower and retaliation cases
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We put clients first, guiding them through each step with care and determination
If you’re searching for a retaliation or whistleblower attorney near you, Swartz Swidler is ready to fight for your rights.
FAQs About Reporting Illegal Activity at Work
Can my boss fire me for reporting discrimination or harassment?
No. Both state and federal laws prohibit retaliation for reporting discrimination or harassment.
What damages can I recover in a retaliation case?
You may be entitled to reinstatement, lost wages, emotional distress damages, attorney’s fees, and sometimes punitive damages.
Do I need proof of the illegal activity to be protected?
No. As long as you had a reasonable, good-faith belief that the conduct was illegal, you are protected even if an investigation finds otherwise.
Take Action Today — Protect Yourself From Retaliation
Reporting misconduct is the right thing to do, but it shouldn’t cost you your job. If you’ve been punished for reporting illegal activity, you don’t have to face it alone.
Swartz Swidler is here to defend your rights under New Jersey, Pennsylvania, and federal law. Contact us today for a free, confidential consultation.
📞 Call now or fill out our online form to speak with a whistleblower attorney.
