Whistleblower Protection for Employees

There are a number of laws that protect workers against retaliation from employers for filing complaints against them or heir company. The Occupational Safety Act and a number or other labor laws provide explicit protection, in the case that an employer attempts to diminish the wage, reduce hours, deny a raise, terminate or otherwise punish an employee for filing a complaint to their union, OSHA or any other governmental agency.

What Kind of Complaints are Covered?

There are a wide variety of complaints that an employee may choose to file, either for personal employment issues, or concerning the safety or unfair treatment of fellow employees. Most often, complaints filed include concerns of unsafe or unhealthy conditions in the workplace, unfair wages or overtime policies, public safety hazards, environmental concerns, vacation or sick leave issues, and other violations of federal or state labor or securities laws. Employees bring complaints about any of these types of violations are protected from employer retaliation by whistleblower laws.

What Should an Employee Do if Retaliated Against?

Any worker or employee who feels that their employer is retaliating against them for filing a complaint should consider consulting with an attorney to find out how best to take action to protect themselves. A complaint may be filed with their local OSHA office or OSHA office representative. There are time limits for filing these claims that vary by state, so take action soon after any illegal, or potentially illegal employer activity.

New Jerseys Conscientious Employee Protection Act

Employees in New Jersey are granted whistleblower protection by the Conscientious Employee Protection Act (CEPA). According to CEPA, employers are prohibited from any type of retaliatory action against an employee for doing any of the following types of activities:

• Disclosing or threatening to disclose any information regarding the employers violation of a labor law or rule issued by any labor legislation
• Providing information or testifying for any investigative hearing or inquiry into possible violations of labor, environmental or other laws by the employer
• Refusing to participate in any activity policy or practice that the employee believes to be in violation of law

Any employee who feels their employer is treating them unfairly because he or she made a complaint, formal or informal, about any unfair or illegal practices by the employer, should seek the advice of an employment attorney practicing in their state. Any information in this guide is for informational purposes only. Alwasy seek competent legal counsel for any employment las question.