Several state and federal laws provide you with protections when you have either come forward to report misconduct of your employer, or even when you have refused to engage in conduct that you reasonably believe to be illegal. Our New Jersey whistleblower attorneys at Lite DePalma Greenberg & Afanador, LLC can wage a strong battle for your legal rights as you come forward to do the right thing, also wanting to protect yourself and your career. Contact our firm today for more information about your options.
“Blowing the whistle” can take a number of forms, including the following:
Your activities may be protected under specific federal or state laws. Perhaps the most common whistleblower law that plaintiffs rely upon is the False Claims Act. In addition to allowing for government recovery of invoices that were wrongfully paid or inflated (and you may receive a share of that financial recovery), the FCA also protects your rights as a whistleblower. The law states that employers are prohibited from retaliating against an employee, contractor, or agent for lawful acts taken in furtherance of an FCA action or efforts to stop FCA violations.
There are also other federal laws that protect whistleblowers. For example, the Sarbanes-Oxley Act provides protection for employees who report fraud against shareholders, violations of SEC regulations, or other forms of accounting misconduct. The Dodd-Frank Act also gives protections and monetary incentives to those who report violations of securities laws.
New Jersey has its own robust whistleblower protection statute. The New Jersey Conscientious Employee Protection Act (CEPA) protects employees who report or refuse to participate in illegal, unethical, or unsafe workplace practices from retaliation by their employer, and it is often broader than federal protections.
Whistleblower retaliation includes many circumstances in which your employer treats you wrongfully because you came forward to report misconduct. Of course, if your employer has terminated you, it can certainly be an instance of illegal retaliation.
Retaliation can mean more than just termination. For example, if you have received a negative writeup on your performance evaluation that you never received before and believed you did not deserve, it could be retaliation. The same thing goes if you have duties taken away from you and reassigned to someone else. The key is that your employer’s actions have materially changed the terms and conditions of your employment following any type of protected activity.
To pursue a successful whistleblower claim, you must prove the following elements:
As a civil claimant, you must meet your burden of proof by demonstrating your case by a preponderance of the evidence. You must have the evidence that shows that the facts you allege are more likely than not to be true.
Working with your whistleblower lawyer, you can build a case that may consist of the following evidence:
In addition, your whistleblower attorney will be able to question your employer’s witnesses if your lawsuit reaches the discovery stage. Depositions are a key way to get witnesses on record and reveal any potential inconsistencies in their testimony for trial.
If you successfully prove your whistleblower claim, you may be eligible for substantial financial compensation, potentially including:
Further, whistleblowers who report fraud against the government can often receive substantial financial rewards for their courage. Under the False Claims Act's qui tam provisions, whistleblowers may receive between 15% and 30% of the government's recovery, depending on their role in the investigation and prosecution. These rewards can amount to millions of dollars in cases involving significant fraud.
The SEC Whistleblower Program, IRS Whistleblower Program, and CFTC whistleblower protections also provide awards to claimants who come forward as a percentage of government recovery.
Lite DePalma Greenberg & Afanador brings extensive litigation experience to whistleblower cases. Our attorneys have established a national reputation for handling complex litigation, including class actions and fraud cases, providing the sophisticated legal skills essential for successful whistleblower claims. We aggressively protect whistleblowers' rights while navigating the intricate procedural requirements of False Claims Act qui tam actions and other whistleblower programs.
Our extensive courtroom experience positions us to handle cases from initial filing through trial if necessary. We understand the courage required to report fraud and provide the strategic representation needed to maximize your recovery while protecting you from retaliation. Contact our offices today.
If you believe that your rights have been violated because you engaged in protected activity on the job, you can fight back with the help of a New Jersey whistleblower claims attorney at Lite DePalma Greenberg & Afanador, LLC. You can speak with our respected firm about your case by messaging us online or by calling us today at 973-623-3000.
