• The worker either threatens to disclose or discloses to a public body or a supervisor the employer’s practice, policy or activity that the worker believes is illegal, criminal or fraudulent.
• The worker testifies before or gives information to an investigatory body about a violation of the law.
• The worker refuses to participate in or objects to an activity, practice or policy that the employee believes violates the law, is criminal or fraudulent or that violates public policy.

These prohibitions may be found in NJSA 34:19-3 and 34:19-2.

In order to present a prima facie case under this law, the plaintiff must present evidence showing that he or she had a reasonable belief that the employer’s actions violated a law or public policy. He or she must also show that the employee’s action was whistleblowing as described under the CEPA. The employee must demonstrate that the employer took an adverse employment action against the worker and that a causal relationship existed between the whistleblowing and that negative job action. Both current and former employees are allowed to file civil actions under this law under any New Jersey court that has jurisdiction to hear the case.

Damages

Employees may recover a number of different types of damages under the CEPA, including injunctive orders, job reinstatement, emotional distress damages, reinstatement of seniority and fringe benefits, lost wages and benefits, reasonable costs, attorney fees and punitive damages. Contact an experienced lawyer at Swartz Swidler for help if you were retaliated against for engaging in whistleblowing against your employer.