Under both New Jersey and federal law, you have the legal right and ability to come forward as a whistleblower without fear of retaliation from your employer. This is the way that it is supposed to work in theory. In practice, it is often far different. Employers may retaliate against whistleblowers, even firing them from their jobs. If that has happened in your case, you may be entitled to financial compensation in a lawsuit. Here are some common questions that potential whistleblowers have about their legal rights and what they may be facing.
What Can I Report as a Whistleblower?
Essentially, you can report any practice of your employer that constitutes illegal or wrongful conduct. This can be a violation of laws or regulations. For example, your employer could be violating a federal statute called the False Claims Act. They could not be observing OSHA regulations, which puts employees in physical danger. Whistleblowers can even report unethical conduct with which they disagree.
Where Can I Report Wrongful Whistleblower Conduct?
Typically, you would report wrongful employer conduct to the cognizant government agency that has enforcement authority in the area. You may also be able to file a lawsuit on behalf of the government if it involves something such as false claims or over-billing.
Will My Identity Remain Protected?
You can report wrongful conduct anonymously, but there is a chance that your employer may surmise or guess that you were the one responsible for it. Although the law may provide for confidentiality, you cannot assume that your identity will never be disclosed. Further, if you file a lawsuit on behalf of the government, your identity will become known at some point.
What Constitutes Whistleblower Retaliation?
When you have come forward as a whistleblower, you are protected from retaliation by your employer. They may take the following actions against you that could constitute illegal retaliation:
- Wrongful termination, which is the most common form of whistleblower retaliation
- Demoting you or stripping you of job duties that you performed before you came forward as a whistleblower
- Harassing you or making continuous comments in your presence
- Cutting your pay or denying you a raise that you are otherwise due
- Disciplining you without a proper basis to do so
- Transferring you in retaliation for your actions
- Causing others to blacklist you in your profession
What Compensation Can I Be Entitled To if My Rights Were Violated?
If your employer has violated your rights as a whistleblower, you can file a lawsuit against them. If you are able to prove whistleblower retaliation, you may be eligible for the following forms of financial compensation:
- The compensation that you lost when you were terminated from your job, whether it is back pay or future remuneration that you lost out on because you were fired
- Emotional distress damages that you suffer as a result of your employer’s illegal conduct
- Potential punitive damages if your employer acted egregiously
- Attorney’s fees
You may even be able to seek reinstatement to your job, although it is not common for courts to grant injunctive relief if monetary damages would suffice.
When Should I Hire a Whistleblower Attorney?
You should consider hiring a whistleblower lawyer before you make any report of misconduct. Otherwise, you should definitely get legal help when you suspect that you were the victim of retaliation by your employer. You do not need to wait until you are terminated from your job. Whistleblower lawyers can also advise you of which law applies to your case and where to report the misconduct. Given the gravity of the situation, you should not attempt to deal with the situation on your own, and you should hire a lawyer as soon as possible.
South Jersey Whistleblower Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Will Work to Protect Your Rights
If you have reported your employer for misconduct, or you believe that you need to do so, speak to the South Jersey whistleblower lawyers at The Law Offices of Leo B. Dubler, III, LLC. We can help protect your legal rights and work for you to obtain compensation if you have been the victim of misconduct. Call us at (856) 235-7075 today or fill out our online form for a free consultation. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in the surrounding areas.