Understanding the Legal Options Related to Case Filing Under Whistleblower Law

02:17 Medical malpractice attorney NJ , Medical malpractice lawyer NJ 0 Comments

A recent court ruling extends whistleblower protection to company informants, who are employees hired by a company to report illegal or dangerous proceedings that violate company standards or public policy. The Conscientious Employee Protection Act (CEPA), known as the Whistleblower Law, prohibits an employer from retaliating against an employee who protests or divulges information about actions such as violations of laws or regulations, fraudulent schemes, corrupt practices and conduct that could threaten public health and safety. Employees who fulfill a “watchdog” role will now be protected if employers penalize them with termination, demotion, suspension or reduction of salary for having exposed company violations. 

The decision to grant “watchdog” employees CEPA protection arose from a lawsuit filed by Joel Lippman, a former Vice President of Medical Affairs at Ethicon, a division of Johnson & Johnson that manufactures surgical supplies. As a review board member who assessed the quality of manufactured surgical equipment, Lippman was entrusted with the responsibility of determining whether certain products posed health and safety risks that precluded their marketing and distribution. Lippman held that he was wrongfully terminated from his position in 2006 in illegal retaliation for having voiced his opposition to the sale of faulty and dangerous devices. Ethicon refuted Lippman’s claim and fired him on the grounds that he was having an inappropriate relationship with a coworker. A trial court held that CEPA did not apply to Lippman by stating that he was not participating in whistleblowing activity because his job required him to expose company violations. An appellate court overturned the initial ruling, explaining that “watchdog” employees are the principal targets and victims of an employer’s retaliation because, by virtue of their position, they inevitably incite controversy by critiquing the company. The New Jersey Supreme Court supported the appellate court’s decision and reinforced the idea that “watchdog” employees cannot be denied CEPA protection. In addition, the New Jersey Supreme Court eliminated the requirement that “watchdog” employees present proof that they utilized all possible measures in attempting to force an employer to abide by the law or regulations. 

 

With the change in law, a broader range of employees will be protected and the public will benefit by ensuring that more violations of health and safety will be reported without fear. Furthermore, the change in law will likely increase the number of whistle blower lawsuits filed against businesses. O’Connor, Parsons, Lane & Noble has significant experience handling employment law cases that entail whistle blower claims. If your employer has taken adverse action against you, such as firing you, suspending you or decreasing your wages, for refusing to partake in illegal conduct or for disclosing policy violations, you are likely to have been illegally treated and may be able to bring a claim under the Whistle blower Law.