Attorneys Robert W. Smith and Christopher J. Eibeler

Whistleblower Retaliation

Whistleblower RetaliationWhen Following the Rules Gets You Fired — Our New Jersey Employment Attorneys Can Help

If you complain or object to illegal conduct of your employer, you are protected from retaliation under New Jersey's whistle-blower laws. The New Jersey Conscientious Employee Protection Act (CEPA) makes it unlawful for an employer to take adverse employment action against an employee who discloses, objects to or refuses to participate in illegal actions of his or her employer.

If your employer terminated, demoted, harassed or otherwise retaliated against you as a result of your objections to illegal conduct, we may be able to pursue a claim for the damages caused, including lost wages for the past and the future. Often times when an employee does the right thing by reporting illegal conduct of their employer, they are subjected to adverse employment action, up to and including, the termination of their employment. Under New Jersey state law, an employee is protected from retaliation from complaining or objecting to an activity, practice or policy of their employer that the employee reasonably believes is illegal.

Smith Eibeler has successfully represented workers who have been retaliated against or wrongfully terminated after opposing or reporting their company's illegal actions. If you suffered retaliation for reporting what you reasonably believed to be your employer's unlawful actions, we are here to help.

Whistle blowers can be retaliated against in subtle ways; for instance, their supervisors find bogus ways to "write them up" or paper their file so to build a case for demotion or termination. Others times, employees are retaliated against by way of harassment by co-workers or supervisors who are unhappy with the employees whistle-blowing activities. When analyzing a potential claim for whistle-blower retaliation, our employment attorneys will investigate to determine "the real reason" why the employee was fired or subjected to other adverse employment actions. In many situations, the termination of a whistle-blower will have little to do with their performance, and a lot to do with their complaints or objections to their employer's unlawful activity, for example:

  • Company fraud and embezzlement
  • Tax evasion
  • Failure to pay overtime
  • Purposeful misclassification of federal contractors
  • Orders to veil undocumented workers
  • Orders to fake loan or bank documents
  • Health insurance and Medicare/Medicaid billing fraud
  • Stark Act and Federal Anti-Kickback laws
  • Attempt to avoid OSHA obligations

If you believe you were terminated for standing up to your employer concerning an activity, policy or practice that you believed to be illegal in violation of New Jersey's CEPA law, our lawyers are here to listen to the facts of your case and pursue compensation on your behalf for lost back and front wages, emotional distress and other damages against your former employer if actionable. To learn more about how we can help you, please contact us to schedule a consultation with one of our experienced employment attorneys.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Client Reviews
We had a wrongful termination issue combined with a denial of unemployment insurance. Chris Eibeler was our primary attorney. His partner Bob Smith also consulted and gave us good advice. They were both so kind, caring, and professional. They guided us though a very tough time and a positive outcome versus a prior employer. They were also able to reverse our denial of unemployment insurance. I cannot recommend Smith and Eibeler highly enough. The entire staff is very professional, personable, and caring. Tom Wilson
I went to Smith Eibeler LLC for a last minute unemployment matter. Chris, Diane and his staff were very professional and easy to talk to. They provided knowledgeable insight and also kept me in the loop with the what was happening. I would not hesitate to go to him again. John Jung
Chris Eibeler (and the whole team) is very knowledgeable in all aspects of employment/unemployment here in NJ. They break down the most difficult aspects of the law, which allows you to conceptualize and better understand the complexities of the NJ Labor & Employment system. Smith Eibeler should be your first call regarding any Employment, workforce, or Labor questions here in New Jersey. I highly recommend them. Brian Allen
I approached Chris Eibeler regarding an unemployment case in early 2016. Him and his staff are some of the most professional people I have ever dealt with. The process took a while, but his approach to hard questioning helped me win my case. He knows how to get the job done and I am glad I went to him. I would recommend him to anyone in the future who asks for a lawyer. Thank you Chris! Tim F.
I highly recommend the office of Smith Eibeler for employment related issues, particularly anything related to restrictive covenants or post-employment contracts. I found Smith Eibeler via the web and cannot believe how fortunate I am to have found them. My case was handled by Bob Smith who represented me in a potential lawsuit by my former employer for violation of a post-employment contract (not a restrictive covenant per se). Bob was professional, friendly, understanding, and above all extremely helpful. Bob helped me avoid a lawsuit and was extremely knowledgeable in this field. I was thoroughly impressed with his prowess. Hopefully I will never have a legal issue related to employment again, but if I do, I will not hesitate to retain Smith Eibeler again! Gavin Tully