“See something, say something.” It’s a familiar phrase, often encouraging individuals to take action when they witness something that could harm others. However, in the workplace, even when employees know they have accurate information, many hesitate to speak up, fearing wrongful termination in NJ or other forms of retaliation from whistleblowing.
In such circumstances, seeking advice from employment lawyers in NJ is crucial. At Hamilton Law Firm, a whistleblower law firm, we stand with individuals who take a courageous stance in defense of their personal rights. As a manager, leader, or C-suite executive, you’ve worked hard to achieve success – and may fear the repercussions of doing the right thing and being a whistleblower. Taking the necessary precautions, like involving an employment lawyer at an early stage, can make all the difference.
If you find yourself facing a workplace investigation due to whistleblowing, the following information can help you prepare for this event and what may follow.
Are Whistleblowers Protected by Law?
A whistleblower is an individual who reports the misconduct or illegal actions of others within their place of employment. In New Jersey, whistleblowers are protected under the Conscientious Employee Protection Act (commonly referred to as the Whistleblower Act). This NJ whistleblower law prohibits employers from retaliating against employees who report wrongdoings. Protection is granted to employees who engage in any of the following actions:
- Disclose or threaten to disclose any activity, policy, or practice that violates the law.
- Provide information or testify during an investigation or hearing about a violation of policy, rule, or regulation.
- Expose deception or misrepresentation involving shareholders, clients, patients, employees, or any government body.
- Report potential criminal or fraudulent activities, including practices intended to defraud others.
- Object or refuse participation in any activities or policies that are believed to violate the law, involve fraud, or conflict with public safety, health, or welfare mandates.
When Does Wrongful Termination in NJ Occur in a Whistleblower Case?
Under NJ whistleblower law, it is illegal for employers to:
- Discharge
- Demote
- Suspend
- Or take any other adverse employment actions against an employee who has engaged in whistleblowing activities.
What Whistleblowers Should Expect During Internal Investigations
If you suspect misconduct in the workplace, taking action is essential. It is recommended to consult with NJ whistleblower attorneys early in the process. Having an experienced attorney by your side ensures you have the resources necessary to navigate complex investigations. Here’s what you can typically expect:
Filing a Complaint
The first step involves either yourself or your attorney filing a complaint with the relevant authority. In New Jersey, filing a whistleblower complaint involves calling the Office of Public Integrity and Accountability or submitting online.
Whistleblowers can also file complaints with law enforcement, the Department of Labor, or OSHA. These formal submissions outline the facts and allegations against the party in question.
The Investigation Process
Complaints are taken seriously, and all involved entities conduct thorough investigations. Here’s an overview of the process:
- A whistleblower investigator is assigned to your case.
- Evidence is maintained, and additional information may be requested.
- All parties involved will have the opportunity to present their side.
- A written defense of the allegations is often required by the court.
- Based on the evidence, the court decides what actions should follow.
As a whistleblower, it is crucial to maintain any evidence that supports your claim. Secure digital data by saving copies or taking screenshots and ensure all relevant documentation is preserved. During the investigation, you will be questioned, but this process should not be intimidating. Your NJ whistleblower attorney will guide you through it and ensure your rights are protected.
Investigations vary in length, and outcomes can range from fines to serious repercussions such as termination or even jail time for the accused party. Importantly, while the investigation is ongoing, your employer is prohibited from retaliating against you based on your whistleblower actions.
How to Protect Yourself During a Whistleblower Investigation in NJ
Are whistleblowers protected by law? Absolutely. However, the legal process can feel overwhelming, and it’s common to experience intimidation. To safeguard your rights, work with an attorney specializing in NJ whistleblower law. Your attorney will protect your interests by:
- Helping you file a well-supported, evidence-backed complaint.
- Managing all inquiries and overseeing the investigation by the relevant body.
- Representing you in case you face any retaliation or adverse treatment at work.
How Hamilton Law Firm Can Help You
If you witness something wrong, it’s important to take a stand. With the guidance of our experienced employment lawyers in NJ, you will receive expert legal support throughout the whistleblower process. We’ll ensure your rights are protected during every stage of the investigation.
If you believe your rights have been violated or you have lost your job, reach out to our wrongful termination attorneys. At Hamilton Law Firm, we recognize the significant risks associated with whistleblower actions. If you feel that your whistleblowing has led to wrongful termination, demotion, or other retaliatory measures, we are here to help.
Even if you are unsure of why you lost your job, our attorneys will review your case, clarify your employer’s reasoning, and pursue legal action if wrongful termination in NJ occurred. You have the right to speak up, and we are committed to ensuring your voice is protected.
Find Whistleblower Attorneys Near Me
Set up a consultation with Hamilton Law Firm today. Our employment lawyers in NJ are experienced in defending whistleblowers who seek to bring positive change. Contact us now to discuss your case.