Key Takeaways
- CEPA, enacted in 1986 and codified at N.J.S.A. 34:19-1 to 34:19-8, protects employees who report or refuse to participate in illegal or unethical conduct.
- Coverage extends to private, public, and nonprofit employees, including independent contractors in certain circumstances.
- A CEPA claim generally must be filed within one year of the retaliatory act.
- Remedies can include reinstatement, back pay, compensatory damages, and attorney’s fees.
- Burlington and Camden County employees have local resources to pursue a claim without unnecessary delay.
Speaking up about wrongdoing at work takes courage, and New Jersey law recognizes that. The Conscientious Employee Protection Act, known as CEPA, is one of the broadest whistleblower statutes in the country, and it exists to shield employees who refuse to look the other way. Here, The Law Offices of Leo B. Dubler, III, LLC, breaks down what CEPA covers, who it protects, and what South Jersey workers should know about retaliation.
Three Forms of Protected Activity Under CEPA
CEPA does not require an employee to use the word whistleblower or to file a formal report with a government agency. Protection generally arises when an employee engages in one of the following.
- Disclosing, or threatening to disclose, an activity the employee reasonably believes violates a law, rule, or regulation
- Providing information to, or testifying before, a public body investigating employer conduct
- Objecting to, or refusing to participate in, an activity the employee reasonably believes is fraudulent, criminal, or incompatible with public health, safety, or welfare
The Reasonable Belief Standard
An employee does not need to be correct about the underlying violation to be protected. New Jersey courts have consistently held that an employee’s belief need only be objectively reasonable at the time it was formed. This standard is part of why CEPA reaches such a wide range of South Jersey workplaces, from healthcare facilities to warehouses to municipal offices.
What to Know About Pursuing a Claim in Burlington and Camden Counties
Employees throughout Mount Laurel, Cherry Hill, Camden, and the surrounding area often bring CEPA claims in the Superior Court of New Jersey, Burlington Vicinage, located at 49 Rancocas Road, Mount Holly, New Jersey 08060, or in Camden County depending on where the employer operates. Because CEPA carries a strict one-year filing deadline, and early documentation is often decisive, South Jersey employees benefit from consulting counsel soon after retaliation occurs rather than waiting.
New Jersey’s Strong Protections for Whistleblowers
CEPA has been on the books since 1986, making it one of the earliest state whistleblower laws in the nation, and New Jersey courts have repeatedly expanded its reach, including extending coverage to independent contractors. The statute’s one-year statute of limitations is shorter than New Jersey’s general two-year window for personal injury claims, which is one reason prompt legal advice matters in a suspected retaliation case.
Frequently Asked Questions
Does CEPA cover private-sector employees?
Yes. CEPA applies broadly to private, public, and nonprofit employers, and New Jersey courts have extended its protections to certain independent contractors as well.
How long does an employee have to file a CEPA claim?
Generally, an employee must file within one year of the retaliatory action, which is shorter than many other New Jersey employment claims.
Must an employee report wrongdoing to a government agency to be protected?
No. Objecting internally to a supervisor or refusing to participate in conduct the employee reasonably believes is unlawful can also qualify as protected activity.
What can an employee recover under CEPA?
Remedies can include reinstatement, back pay, front pay, compensatory damages, and attorney’s fees, among other relief.
South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Will Not Let Retaliation Silence You
Reporting wrongdoing should never cost an employee a career. If retaliation followed a good-faith report or objection, the South Jersey employment lawyers at The Law Offices of Leo B. Dubler, III, LLC, can evaluate the timeline, evidence, and deadline that applies. You can schedule a free initial consultation with our office by messaging us online or by calling us today at 856-235-7075. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in the surrounding areas.