The New Jersey Conscientious Protection Act (CEPA) was enacted to protect employees from retaliation after they disclose, refuse to participate in or object to (or “blow the whistle”) their employer’s participation in unlawful or harmful activity. Under CEPA, an employee is protected if the employee either discloses or objects to an activity of the employer which the employee reasonably believes is in violation of law, regulation, rule or incompatible with a clear mandate of public policy.[1] Also, CEPA prohibits an employer from taking retaliatory action against an employee who objects or refuses to participate in “any activity, policy or practice  [ Read More ]

New Jersey’s Conscientious Employee Protection Act (CEPA) is one of the most far-reaching whistleblower laws in the nation. It was enacted to protect employees from the retaliatory actions of their employers for having disclosed or “blown the whistle” on their employer’s participation in unlawful or harmful activity.  Our New Jersey Supreme Court has made clear the overarching goal of CEPA is to “protect and encourage employees to report illegal or unethical workplace activities and to discourage public and private sector employers from engaging in such conduct.” CEPA effectuates important public policies of overcoming the victimization of employees and protecting those who  [ Read More ]

Emmett Berg – Reuters8:16 p.m. CST, December 21, 2011 SAN FRANCISCO (Reuters) – A former employee of the Golden State Warriors on Wednesday sued team owners, executives and star guard Monta Ellis for sexual harassment, charging that lurid texts from the National Basketball Association star led to her termination. Oakland resident Erika Smith was hired to work on community relations for the Warriors in 2007 and regularly interacted with team members as part of her duties until her termination in August, according to documents filed in Alameda Superior Court. Her firing came nine days after a local media outlet inquired  [ Read More ]

Gender, Pregnancy & Sexual Orientation Discrimination Sex & Gender Discrimination:  Employers are forbidden from making decisions regarding hiring, promotion, demotion, termination, compensation, job training, or other terms and conditions of employment based on the employee’s sex or gender, including pregnancy.  In other words, employers are forbidden from treating employees less favorably because of their sex or gender.  Employers are also forbidden from creating a hostile work environment because of an employees sex/gender.  Sex-based discrimination is prohibited by federal law (Title VII of the Civil Rights Act of 1964; the Pregnancy Discrimination Act; and the Equal Pay Act), state law (the  [ Read More ]

Whistleblower Claims The law protects employees who “blow the whistle.” This means an employee who reported to the government or a law enforcement agency that their employer is breaking the law. Employees may not be fired, mistreated, or otherwise retaliated against for “whistleblowing,” as long as the employee has a reasonable basis for his or her belief that the activity was illegal, even if the employer did not actually violate the law. Whistleblower retaliation often occurs after allegations are made against a company, management, or employees for any number of crimes involving its work, including: Medical billing fraud Financial and  [ Read More ]

Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The main body of employment discrimination laws is composed of federal and state statutes. The United States Constitution and some state constitutions provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the  [ Read More ]