What Legal Protections Do Whistleblowers Have Against Retaliation?

Whistleblowing is the process of exposing criminal activity, particularly fraud, to the relevant authorities, such as the state or federal government. Because blowing the whistle requires reliable, inside information, most New Jersey whistleblowers work for the entity or person they are reporting. Exposing corporate fraud often results in swift employer retaliation regardless of available legal protections.

Discuss your rights under federal and state anti-retaliation laws with dedicated whistleblower protection lawyer Peter Katz. Confidentially discuss the best way to expose fraud and protect yourself from employer pushback.

Overview of Federal and State Whistleblower Protections

The legal protections available to New Jersey whistleblowers depend on the nature of the underlying claim. Individuals blowing the whistle on significant criminal activity, such as organized crime, may have the right to request security and relocation. Government insiders generally require additional judicial protections.

More commonly, whistleblowers expose the misuse or theft of federal or state funds. This often involves claims that a government contractor or healthcare entity fraudulently obtained money from the United States. Examples include systemically overbilling Medicare or submitting false information when bidding for a military contract. Civil whistleblowers under the False Claims Act (FCA) are entitled to specific privacy and anti-retaliation protections.

Anti-Retaliation Protections for NJ Whistleblowers

Because most whistleblowers work for the offending individual or company, the FCA provides that any qualifying employee, contractor, or agent who blows the whistle is entitled to financial relief for retaliatory employment actions. These include the following:

• Demotion
• Discharge
• Suspension
• Threats
• Harassment
• Workplace hostility
• Discrimination

Under 31 U.S.C. § 3730(h)(2), the employee may demand twice the amount of back pay plus interest, compensation for special damages, and reinstatement. These protections apply if you’re the original whistleblower (relator) in a private (qui tam) action, or you’re participating in the litigation as a witness, provided evidence to the government, or otherwise tried to stop the unlawful conduct.

Filing Confidential Whistleblower Lawsuits in New Jersey

Even if you qualify for relief under the FCA, it takes time for these cases to make their way through the court system. Understandably, many potential whistleblowers cannot risk their employment on the chance they’ve discovered actionable fraud against the government. For this reason, an experienced NJ whistleblower lawyer can help you remain anonymous during the initial stages of the litigation.

You must file the qui tam action under seal, meaning your employer will not get notice of the lawsuit until after the government reviews the case. If the government takes over the claim, it’s less likely you’ll face immediate retaliation under the watchful eye of the court, your private attorney, and the government’s lawyers. Discuss your options for exposing fraud against the government confidentially with an experienced whistleblower protection lawyer.

Retaliation Protection Lawyer for NJ Whistleblowers

If you’re concerned about retaliation or are already facing hostility for confronting an employer about illegal conduct, immediately contact experienced whistleblower rights attorney Peter Katz. Confidentially discuss the protections and potential financial compensation available to you under New Jersey and federal anti-retaliation laws. Call (609) 849-3179 or connect online.