New Jersey • CEPA
New Jersey Whistleblower Protection
Understanding NJCEPA
NJCEPA is the acronym for the New Jersey Conscientious Employee Protection Act. NJCEPA is often referred to as the New Jersey Whistleblower Act. Whistleblowers are employees who have a “reasonable belief” that a violation of law, rule, regulation or public policy has occurred by an employer. Typically, an employee observes in the workplace a violation which they disclose to their superior or to a public body.
Reporting a Violation
The statute (N.J.S.A. §34:19-1 et seq.) requires written notification to the employer unless where the employee is reasonably certain that the activity, policy or practice is known to one or more supervisors of the employer or where the employee reasonably fears physical harm of the disclosure provided, however, that the situation is emergency in nature. An employer shall not take any retaliatory action against an employee for disclosing his/her reasonable belief that a violation has occurred in the workplace.
Retaliation and Legal Remedies
If you believe that you have been retaliated against due to your whistleblowing activity you may seek a legal remedy by instituting an action within one (1) year of the alleged retaliation. The Doctrine of Continuing Violation may enhance the one (1) year statute of limitations in certain situations.
Discuss Your Matter
To determine if you have a cause of action, please contact us at mmorris@cepanj.com. Please include in your e-mail the violation, when and how you reported it to your supervisor and the retaliatory action you incurred as a result of reporting the violation. We will schedule a conference to discuss your matter.
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