Mark Law Firm Blog

Contact with Outside Lawyers May Support Whistleblower Claim

Posted by Jamison Mark on May 8, 2014 3:23:00 PM

Patrick Egan, a former employee of TradingScreen Inc., filed a whistleblower suit against his former employer after being fired. Egan filed claims in federal district court pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities Exchange Act, and the Delaware Whistleblowers' Protection Act. The Defendants asked the court to dismiss Plaintiff's Complaint, but the federal judge decided to allow the Plaintiff to amend his complaint with respect to his Dodd-Frank and Securities Exchange Act Claims. The remainder of the Plaintiff's claims were dismissed.

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Topics: Whistleblower Protection

New Jersey State Police sergeant files whistleblower suit

Posted by Jamison Mark on May 8, 2014 3:21:00 PM

A whistleblower suit has been filed against the State Police's State Hazardous Waste Unit by a suspended sergeant. He alleges he has been retaliated against since reporting financial waste and mismanagement in 2006. The Solid Hazardous Waste Unit runs background checks on businesses and persons seeking licenses to work in the hazardous waste industry -- certainly not an industry where skimping on certifications, inspections and background checks would serve the good of the community.

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Topics: Whistleblower Protection

UBS whistleblower awarded largest ever amount by IRS

Posted by Jamison Mark on May 8, 2014 3:20:00 PM

The Internal Revenue Service has awarded a former Swiss banker $104 million for providing information on overseas tax cheating. This is the largest award every by the IRS. The whistleblower exposed widespread tax evasion in the global bank of UBS AG, based in Switzerland. New Jersey residents may be familiar with the bank, as it has numerous branches throughout the state.

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Topics: Whistleblower Protection

New Jersey Supreme Court: Whistleblowers must speak up from the start

Posted by Jamison Mark on May 8, 2014 3:13:00 PM

In employment law, whether you're a government employee or a private sector worker, there is a very specific process in place for how to resolve disputes such as claims of whistleblower retaliation. Typically, you can only file a lawsuit after you have made a good faith effort to resolve the dispute though your employer's internal process and have been denied.

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Topics: Whistleblower Protection

Whistleblowers, don't forget to disclose your whistleblower activity in writing

Posted by Jamison Mark on May 8, 2014 3:11:00 PM

It is well recognized, and agreed that whistle-blowing activity includes an employee's disclosure "to a supervisor or to a public body" of, or his objection to or refusal to participate in an Employers' activity, policy or practice which the employee reasonably believes is in violation of a law, or a rule or regulation or is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment. Retaliatory action means the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.

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Topics: Whistleblower Protection

What Is Whistleblower Retaliation?

Posted by Jamison Mark on May 8, 2014 3:10:00 PM

The New Jersey Statute which protects whistleblowers from retaliation and/or termination is called the New Jersey Conscientious Employee Protection Act (CEPA). The goal of CEPA is not to make lawyers out of whistleblowing employees, and therefore, if you object to employer conduct that you reasonably believe to be unlawful or indisputably dangerous to the public health, safety or welfare, you may be a whistleblower.

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Topics: Whistleblower Protection

What is CEPA? aka the New Jersey Conscientious Employee Protection Act

Posted by Jamison Mark on May 8, 2014 2:13:00 PM

CEPA is the New Jersey Conscientious Employee Protection Act. This Act provides protections to employees, so that an employer:

Shall not take any retaliatory action against an employee because the employee discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy or practice of the employer... that the employee reasonably believes is in violation of a law, or a rule or regulation promulgated pursuant to law... or who objects to, or refuses to participate in any activity, policy or practice which the employee reasonably believes is in violation of a law, or a rule or regulation promulgated pursuant to law.... or is incompatible with a clear mandate of public policy concerning public health, safety or welfare or protection of the environment.

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Topics: Whistleblower Protection

Filing a Lawsuit May Qualify Under the Protections of New Jersey Whistleblower Law

Posted by Jamison Mark on May 8, 2014 2:10:00 PM

Whistle-blowing activity includes an employee's disclosure "to a supervisor or to a public body" of, or his objection to or refusal to participate in, "any activity, policy or practice which the employee reasonably believes... is in violation of a law, or a rule or regulation or is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment.

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Topics: Whistleblower Protection

U.S. High Court Rules In Whistleblower Case Concerning FOIA

Posted by Jamison Mark on May 8, 2014 1:21:00 PM

The Supreme Court issued a decision recently finding that a private party that uncovers corporate fraud against the federal government as a result of a FOIA (Freedom of Information Act) request cannot obtain a court award on behalf of the federal government due to the False Claims Act (FCA) exceptions for "public disclosures." The FCA allows a private party to sue on behalf of the United States and be awarded a portion of any recovery the government receives from the lawsuit when the party uncovers fraud against the federal government. However, the statute prevents courts from hearing a case if the lawsuit is based upon one of several types of public disclosures, including information in a government "report." The Supreme Court's holding finds that a FOIA request is a type of "report" under the FCA. This decisions makes it more difficult for whistleblowers to use FOIA as a tool to challenge misuse of public money by contractors.

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Topics: Whistleblower Protection

Former Warren County prosecutor awarded $1.3 million in whistleblower suit

Posted by Jamison Mark on May 8, 2014 12:10:00 PM
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Topics: Whistleblower Protection