What to do when you face retaliatory action for right conduct
When you report a business malpractice of your supervisor or employer to a higher authority, and face retaliation, you need immediate legal assistance. As per New Jersey Conscientious Employee Protection Act, any retaliatory action against an employee on similar grounds may initiate a civil lawsuit.
Who is a whistleblower? An employee may be termed as a whistleblower in certain circumstances –
a) You threaten to disclose, or disclose, any malpractice of your supervisor/employer to a higher authority
b) You provide information/testimonial regarding a supervisor or employer’s malpractice at an inquiry, investigation or hearing
c) You refuse to be a party to a violation of law, a fraudulent activity, or a violation of a public policy
What consequences are unlawful? You may face retaliatory actions like termination, suspension or demotion from your job. According to the state laws, all these are illegal. Get in touch with an employment lawyer immediately if you face a similar situation.
Do you have whistleblower rights? All employees of New Jersey have these rights. Whether you work in the public sector or the private one, you have protection as per the provisions of this Act.
When do you file a lawsuit? The first thing to do is talk to your supervisor or employer about the matter. However, if you think that this involves a risk, you may choose to file a lawsuit straight away. Consult a New Jersey employment lawyer and provide him/her with the details. He/she is the best person to file the case and approach the issue.
What remedies are on offer? If you can prove that your employer’s actions were retaliatory in nature, you may be able to obtain the following benefits:
- Reinstatement (with full benefits and seniority rights)
- Injunction
- Back pay and benefits
- Court and attorney’s fees (reasonable)
- Punitive damages
A competent labor and employment lawyer would be able to help you understand your rights and tackle the issue the right way.