Transit police often tell the public, “If you see something, say something!” This encourages reporting of activities that may threaten public safety. The New Jersey Legislature said the same thing many years ago with its nation-leading Conscientious Employee Protection Act (CEPA). https://kingstonlawgroup.com/new-jersey-law-prohibits-employer-retaliation-against-employees/

1. “Insert Article
Title”
New Jersey Law Prohibits Employer
Retaliation Against Employees Who Do the
Right Thing

2.  How do you win a NJ Conscientious
employee Protection Act (“NJCEPA”)
case and what can you receive if you
do?
 Even if there’s evidence of problems
with the employee, what happened
to employees with similar records?

3. ● The New Jersey Legislature said the same
thing many years ago with its nation-leading
Conscientious Employee Protection Act
(CEPA).
● Whistleblowers can face a wide range of
retaliation from subtle to blatant, from
psychological warfare to reduced work
responsibility, from isolation to getting fired.
● The government can encourage employees to
speak up when laws are broken, but few will
take the risk without any protection.

4. CEPA prohibits an employer from
retaliating against an employee because
they disclose or threaten to disclose:
 To a supervisor or a public body
 An employer’s activity, policy, or practice
or
 The activity, policy, or practice of another
employer that has a business relationship
with the person’s employer that the
employee reasonably believes violates a
law, rule, or regulation

5. Employees have protections against
retaliation if they refuse to participate in
actions and policies that are:
 Fraudulent or criminal
 Not compatible with public policy
concerning the public health, safety,
welfare, or protecting the environment

6. There are limits to worker protections,
including:
 When a disclosure’s made to a public body,
there’s no protection unless the employee
brought the issue in writing to their
supervisor’s attention, giving the employer
a reasonable opportunity to correct the
issue
 This disclosure isn’t required if the
employee reasonably believes the issue is
known to one or more supervisors or, if the
situation’s an emergency, the employee
fears they’ll suffer physical harm due to the
disclosure

7. If an employee carries their burden of proof
and has a successful NJCEPA case, they
could be awarded
 A court order requiring the employer to take
specific actions to right the wrongs they
committed
 Reinstatement to the same or equivalent
position, including fringe benefits and seniority
 Money compensation for emotional distress
 Payment of lost wages and benefits
 Punitive damages meant to punish the
employer in extreme and outrageous cases
 Payment of attorneys’ fees and litigation
expenses

8. • If the employee is a licensed or certified
health care professional, there are similar
protections if patient care is an issue.
• An employer may show evidence there’s no
connection between their actions and the
employee’s actions, and there’s a
legitimate, non-retaliatory explanation for
what happened.
• Retaliation cases often boil down to evidence
of bias by decision-makers based on what
they said to others or wrote in emails, text
messages, or internal memos.

9. • If the employer claims the employee
deserved harsh treatment due to poor
performance or violating rules or policies,
they’d better be able to support their
defensive claims.
• If the employee who engaged in protected
activity is treated worse than another
employee who is similarly situated, then the
“whistleblower” may have a valid retaliation
claim.
• The settlement value is usually determined by
the possible award in a case, the likelihood of
success, and whether an employee is willing
to accept less to avoid the stresses and risks
of a trial.

10. “Insert Article
Title”
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KingstonLawGroup.com
If you’re the victim of workplace retaliation or
fear you may be in the future