If an employee feels his or her employer has taken adverse employment action against them in retaliation for whistleblowing, the employee can file a civil claim against the employer under the New Jersey Conscientious Employee Protection Act (CEPA). For an employee to prevail on a CEPA claim, they must prove several components, one of which is to show they reasonably believed the employer’s conduct violated a law, regulation or public policy.
As recently set forth by a New Jersey Appellate court, when an employee alleging a CEPA claim based on a violation of a public policy fails to identify a source of authority setting forth the policy he or she believed the employer allegedly violated, it can be fatal to the employee’s claim. If you suspect your employer took adverse employment action against you in retaliation for whistleblowing activity, it is in your best interest to meet with an experienced New Jersey whistleblower attorney to discuss the facts of your case and whether you may be able to pursue damages.
Facts Regarding Employee’s Employment
Allegedly, the employee received a copy of a letter discussing two of his co-workers’ escorting civilians at a high speed without authorization. He gave a copy of the letter to his supervisor, who told the employee that the letter did not exist and told the employee not to bring it up again. The supervisor did not explicitly direct the employee to destroy the letter, but the employee understood he was being advised to dispose of it.