Workers sometimes discover that their employers have broken the law. They are then in a very difficult situation. If they do nothing, they could be at risk of prosecution when the criminal activity later comes to light. Additionally, their job could be at risk if the company goes under because of its inappropriate business practices.
Speaking up about business misconduct is usually the best option for workers who become aware of illegal and unsafe company practices. Unfortunately, many workers who recognize illegal activity do not feel comfortable addressing the issue. They worry that employers may punish them. Technically, retaliation against workers who report business misconduct is illegal. It violates federal statutes and New Jersey whistleblower protection laws.
What activities might make an employee eligible for whistleblower protection in New Jersey?
Refusing to break the law
Perhaps someone just took a job as an insurance specialist at a medical practice. They begin their training, only to realize that the company upcharges insurance companies or unbundles medical services to maximize company profits. New Jersey state statutes explicitly protect workers who refuse to participate in illegal activity at their place of employment. Employees should not face any sort of job consequences for refusing to break the law as a condition of their employment.
Reporting issues internally
Oftentimes, whistleblowers want to give the companies that employ them an opportunity to do the right thing. They want to notify someone in management or accounting of the inappropriate practices they have identified. Filing internal complaints is a protected activity that makes someone a whistleblower. After notifying management of the issue, a worker in theory has protection from company retaliation including demotion and termination.
Involving regulatory authorities or the courts
Depending on the type of violation a worker identifies, they may want to notify state or federal regulatory authorities. In some cases, they may even be in a position to initiate a qui tam lawsuit on behalf of the government against their employer for inappropriate billing practices. The decision to notify the government of safety or regulatory violations makes an employee a whistleblower. They have protection from retaliation and can take legal action against the company if they face retaliation for doing the right thing.
Workers should document what activities they engage in as whistleblowers and how their company responds. That way, they will have proof of inappropriate retaliation if the company attempts to punish them later. Understanding when whistleblower protections apply can make a major difference for those concerned about the activities of their employers.
