Whistleblowers are truly unsung heroes of our society. It is tempting to look the other way when you see an employer dumping illegal toxic waste or allowing sexual harassment to go on unchecked in the workplace. Sometimes complaining to authorities causes problems for whistleblowers in the short term. Historically, if a person blew the whistle on unsafe working conditions, undocumented injuries, or other illegal activities, they would surely lose their jobs, get blacklisted from their industry, and sometimes worse. Fortunately, federal and state laws have been applied to protect whistleblowers that act adversely to their best interests. Through OSHA’s whistleblower protection program and New Jersey’s Conscientious Employee Protection Act, whistleblowers are protected when they are compelled to act. These laws detail how to recover damages when someone is retaliated against by a business or employer. If you have been fired or demoted due to your whistleblowing activities, you should retain an attorney to protect your rights. If you have been the victim of retaliation in a whistleblower case, contact The Mark Law Firm, LLC to advocate for your rights and protect your livelihood.
Federal laws are in place to protect whistleblowers from retaliation in response to exercising their rights. The Occupational Safety and Health Administration (OSHA) is the governing organization that protects workers from unsafe working conditions, documents injuries, and combats a variety of illegal activities committed by businesses and employers across the United States. The OSHA Whistleblower Protection Program guides employees who have acted for their fellow workers. It details how you are protected as a whistleblower and what you can do in the face of adverse employment actions. If you have been retaliated against and need the assistance of OSHA, you can contact your local OSHA area office or the federal contact, or both.
In New Jersey, whistleblowers are protected under the Conscientious Employee Protection Act (CEPA). Employers are prohibited from punishing whistleblowers. Some of these illegal acts include:
If you have been fired due to your whistleblowing activities, you may be able to file a wrongful termination claim. You have 1 year to file a claim with a local court with jurisdiction. If your employer has made life at work so bad you had to quit, you may be entitled to pursue a constructive discharge claim. A constructive discharge claim is difficult to prove and holds an extraordinary legal standard in order to protect employers and businesses from frivolous lawsuits. You have a large burden of proof and the evidence must be overwhelmingly convincing to the court.
The Mark Law Firm, LLC has years of experience working with victims of whistleblower retaliation. If you have exercised your rights in order to protect your fellow worker or hold a business accountable for illegal activities, you need to contact an attorney to protect your livelihood. The attorneys at The Mark Law Firm, LLC can advise you of your rights under CEPA, OSHA, and other applicable laws applied to protect you from adverse employment actions. Whistleblower retaliation is often difficult to prove. Our firm has significant experience in employment law and whistleblower defense. We know how to help you dig for the facts and present evidence which will support your claims. We keep our practice small so that we can devote a great deal of time to each client. When you come in for your initial consultation, we will listen to what you have to say, and recommend a course of action for a positive outcome. If you need our legal services, contact The Mark Law Firm, LLC today.