Our office handles whistleblower and wrongful discharge claims on a contingency basis in New Jersey and New York, including Sarbanes-Oxley claims. The New Jersey Whistleblower law prohibits retaliatory action against an employee who objected to, or refused to participate in, an activity, policy, or practice, which the employee reasonably believes:

In a typical case, the employee is not permitted to continue employment in a manner which complies with applicable laws. The employee may have contacted or discussed their concerns with a governmental agency and faced retaliatory conduct. Here are some factors used to evaluate a whistleblower claim.

1. Wrongful Conduct or Personal Dispute

The first question is: what was the employee complaining about? In the ideal case, they complain about a demonstrably unlawful practice that poses some type of substantial danger. A simple case is easier to litigate and explain to a jury or judge. For example, a chemist is asked to adulterate a product presenting a health risk and violating multiple regulations, or a trucker notices travel logs are fabricated to provide longer working hours. In contrast, an employee may complain about an arbitrary or unfair practice that does not violate a law. If Manager Smith favors his lazy nephew on some jobs, it may not be nice, but might not violate any law.

2. Complaints to Management and Government Entities

Management frequently professes to be surprised at claims. Is there evidence to support the claim, such as documents, emails, or memos?

3. Discharge

Generally, cases where the employee has been terminated are the easiest to evaluate.

4. Damages

Has the employee been unable to find another job, or are they now working at another position at a comparable salary? Is mental injury claimed? How can that be shown?

If you believe you have a whistleblower or wrongful discharge claim, contact us today for a free consultation. We are ready to help you pursue your claim on a contingency basis and seek justice for any retaliatory actions you have faced.

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