Employees are protected under both federal and state law from retaliatory action for reporting the unethical or illegal conduct of their employers. Recovering under a whistleblowing claim can be difficult, as it requires the employee to prove both a retaliatory action and that any explanation the employer offers for the action is mere pretext.
The Superior Court of New Jersey recently explained that while a reduction in work duties is evidence of retaliatory action, a plaintiff must nonetheless provide evidence to refute an employer’s allegations that the reduction was justified for the claim to survive. If your employer unjustly reduced your work duties in retaliation for whistleblowing in violation of the Conscientious Employee Protection Act (CEPA), you should meet with an experienced New Jersey whistleblower attorney to discuss whether you may be able to recover damages.
Facts Regarding the Plaintiff’s Employment
The plaintiff worked as the director of the education opportunity fund (EOF) for the defendant university. Her duties included oversight of the budget. Shortly after she was hired, the plaintiff discovered that EOF funds were allegedly being used to pay the salaries of non-EOF staff, which she reported. The issue was remedied, but the plaintiff was no longer able to access the budget, and her other responsibilities were drastically reduced. While she was still responsible for reviewing the budget and certain expenditures, she felt that her supervisor intended to make her job more difficult if she did not review the budget as submitted. The plaintiff was never forced to approve the budget or threatened with adverse action if she did not approve it, however.