What Kind of Wrongdoing Can You Report as a Whistleblower?

It takes immense courage to challenge your employer. When you observe fraud, corruption, or activities that endanger public safety, the first question is always: “Is what I saw serious enough to be legally protected?”.

The Conscientious Employee Protection Act (CEPA) is New Jersey’s answer. CEPA’s legal umbrella covers a far wider range of wrongdoing than most employees realize. It encourages employees to report illegal or unethical activities and prohibits employers from taking any retaliatory action against workers who do so.

This guide serves as your verifiable checklist. If the wrongdoing you witnessed falls into any of the following categories, you have engaged in a protected activity, and you need the immediate, expert counsel of Swartz Swidler to defend your rights.

 

Key Takeaways

 

This article details the specific types of wrongdoing protected by the New Jersey Conscientious Employee Protection Act (CEPA), establishing the expertise of Swartz Swidler as your necessary legal partner.

• Protection Scope is Broad: CEPA protects employees who report or object to activity they reasonably believe is illegal, fraudulent, criminal, or violates a clear mandate of public policy concerning public health, safety, or welfare.
• Action Must Be Specific: CEPA does not protect vague or conclusory complaints about trivial matters or generalized workplace unhappiness. Complaints must be specific about the misconduct to qualify as protected activity.
• The Deadline is Strict: The Statute of Limitations for filing a CEPA lawsuit is just one year from the date of the retaliatory action. This deadline is strictly enforced and cannot be extended by internal investigations.
• Damages are Substantial: Successful CEPA claims can recover a wide range of damages, including reinstatement, lost wages, emotional distress, and significant punitive damages, making the financial stakes high for both parties.
• Specialized Expertise is Required: Determining if a complaint meets the legal threshold of a “protected activity” and ensuring the claim is filed correctly requires specialized knowledge of CEPA’s strict requirements. Swartz Swidler provides this essential guidance.

 

Whistleblower Claim Comparison: CEPA vs. Other Protections

Understanding the differences between key New Jersey whistleblower protections is vital, particularly regarding deadlines.

---

 

The Legal Foundation: What Constitutes a Protected Activity

 

CEPA protects the employee’s action, not just the crime itself. Protection is based on your belief and the way you disclose it.

 

The “Reasonable Belief” Standard (Why Proof Isn’t Required)

 

You do not need to prove that your employer actually violated the law to gain protection. Instead, you must show you had a “reasonable belief” that the conduct was in violation of a law, a rule, or a regulation.

• Good Faith: The law shields employees who make a good-faith report, verbally or in writing.
• The Intent: CEPA is designed to prevent retaliation against employees who object to employer conduct they reasonably believe to be unlawful.

 

The Three Avenues of Reporting (Disclose, Object, Testify)

 

You trigger CEPA’s protection by taking one of these three distinct actions:

1. Disclosing or Threatening to Disclose: Informing a supervisor or a public entity about the wrongdoing.
2. Providing Information or Testifying: Cooperating with any public body conducting an investigation, hearing, or inquiry into any violation of law.
3. Objecting to or Refusing to Participate: Declining to take part in an activity you reasonably believe is unlawful, criminal, or fraudulent.

 

When a Clear Mandate of Public Policy is Violated

 

Protection extends beyond written statutes to conduct that is “incompatible with a clear mandate of public policy” concerning:

• Public health.
• Public safety.
• Public welfare.
• Protection of the environment.

Financial Fraud and Corporate Misconduct

 

Financial wrongdoing is one of the most common categories of protected activity under CEPA, particularly when it involves deception.

 

Deception of Shareholders, Clients, and Customers

 

CEPA explicitly protects employees who disclose information about violations involving deception of, or misrepresentation to, the following groups:

• Shareholders or investors.
• Clients, patients, or customers.
• Employees, former employees, retirees, or pensioners.
• Any governmental entity.

 

Reporting Criminal or Fraudulent Activity (e.g., Tax or Billing Fraud)

 

You are protected when reporting any perceived criminal or fraudulent activity. This includes:

• Tax/Billing Fraud: Any activity or practice which the employee reasonably believes may defraud any of the parties listed above.
• Corporate Criminal Conduct: Reporting activities that are “fraudulent or criminal”.

 

Misconduct Related to Government Funds (e.g., Medicare/Contract Fraud)

 

If you believe fraud upon the government is occurring, including Medicare fraud or fraud in government contracts, reporting this is a clear protected activity. Employees who work for a business that contracts with a state or federal agency may also be protected under the Federal False Claims Act in qui tam cases.

Public Health, Safety, and Environmental Violations

 

CEPA provides powerful protections for workers who prioritize public welfare and safety over an employer’s directives.

 

Unsafe Workplace Conditions (OSHA Violations)

 

You are protected if you object to or report activities that violate a safety-related law or public policy. This frequently involves:

• Reporting or refusing to engage in activity that violates the federal OSHA law.
• Objecting to practices that violate a clear mandate of public policy concerning public health or safety.
• Refusing a Dangerous Order: Workers always have a right to refuse illegal, unsafe job assignments.

 

Improper Quality of Patient Care (Healthcare Professionals)

 

For licensed or certified health care professionals, CEPA provides specific protection for reporting or objecting to activities they reasonably believe constitute improper quality of patient care. This includes:

• Reporting procedural or systemic failures that violate a professional code of ethics.

 

Reporting Threats to Public Welfare or the Environment

 

Protection is extended to employees who object to or report conduct that is incompatible with a clear mandate of public policy concerning the protection of the environment.

Actionable Advice: How to Protect Your Claim

 

Knowing your activity is protected is only the first step. The second is protecting your legal claim.

• Documentation is Key: Maintain records of the wrongdoing, the date and method of your report, and all subsequent adverse employment actions (retaliation).
• The Written Notice Requirement: If you intend to disclose the activity to a public body, you must first bring the matter to a supervisor’s attention by written notice and give the employer a reasonable opportunity to correct it. However, this is not required if the activity is already known to a supervisor or if you reasonably fear physical harm.
• The Deadline: The Statute of Limitations for filing a CEPA lawsuit is strictly one year from the date of the adverse retaliatory action. Missing this deadline is irreversible.

If you have suffered retaliation after engaging in any protected activity listed here, your legal defense is urgent. The complexity of proving the causal connection and meeting the procedural deadlines requires an experienced advocate.

Contact Swartz Swidler today for a confidential review to ensure your claim qualifies under CEPA and that your rights are secured before the one-year clock runs out.

 

Common Questions on Protected Whistleblowing

 

Swartz Swidler addresses the most common questions clients have when trying to determine if their situation meets CEPA’s legal criteria.

 

1. Does CEPA protect me for reporting internal harassment against a coworker?

 

Yes. Employees who blow the whistle on discrimination or harassment (which is illegal) may be protected under both CEPA and the NJ Law Against Discrimination (LAD). The LAD also protects employees who stand up for coworkers experiencing discrimination.

 

2. Can I be a whistleblower if I only complained verbally to my boss?

 

Yes, you can be protected. You are protected when you make a good-faith report verbally or in writing. However, if you intend to later disclose the matter to a public entity, CEPA usually requires you to have first notified a supervisor by written notice.

 

3. My employer made a vague complaint. Will that protect me?

 

No. The New Jersey Supreme Court has ruled that vague and conclusory complaints about trivial or minor matters and generalized workplace unhappiness are not protected activity under CEPA. You must be specific about the misconduct to receive protection.

 

4. What if I was wrong, and the activity I reported was actually legal?

 

You are still protected. CEPA is based on the “reasonable belief” standard. As long as you had an objective, good-faith, and reasonable belief that the employer’s conduct was violating a law or public policy, you are shielded from retaliation.

 

5. Does filing a CEPA claim mean I must waive other claims?

 

Yes, generally. CEPA contains a waiver provision that often forces a plaintiff to choose between a CEPA claim and another claim (like LAD or Pierce) that covers the same set of facts or protected activity. An attorney must carefully analyze your facts to select the most favorable claim.

 

6. I am still employed but being harassed. Can I file a CEPA claim?

 

Yes. You do not need to be terminated or resign to file a CEPA claim. CEPA protects you from any “adverse employment action,” which includes demotion, suspension, and harassment.

High-Stakes CEPA Claim Facts

 

The following facts demonstrate the significant financial penalties employers face for CEPA violations, reinforcing the seriousness of your claim and the need for expert representation.