Mark Law Firm Blog

Two Former North Bergen EMS Workers Claim Whistleblower Retaliation

Posted by Jamison Mark on Jan 21, 2019 2:53:00 PM

 

North Bergen Township is defending a lawsuit brought by two former EMS workers who claim they were wrongfully terminated after a conflict with local law enforcement officers. Luis Deleon and Tamara Sepulveda claim they were disciplined and ultimately terminated in retaliation for refusing to engage in what they believed to be illegal and unethical behavior as directed by North Bergen police. 

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Topics: Employment Law, Wrongful Termination, Whistleblower Protection

City Settles with Whistleblower Police Officer for $425,000

Posted by Jamison Mark on Nov 21, 2018 1:32:00 PM

Late this summer, the city of Vineland, New Jersey, entered into a $425,000 settlement agreement with veteran police officer Richard Burke. Officer Burke, who agreed to retire under the terms of the settlement, made claims against the department for violation of New Jersey’s Whistleblower Law (also known as the Conscientious Employee Protection Act, or CEPA). This law protects employees from being terminated or suffering other retaliatory action for reporting situations at work where they reasonably believe their employer or one of its agents is acting in violation of a law including engaging in criminal or fraudulent practices. 

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Topics: Employment Law, Whistleblower Protection

NJ Task Force Prioritizes Properly Classifying Workers

Posted by Jamison Mark on Oct 12, 2018 1:59:00 PM

Worker misclassification costs more than you may think. While employees who are misclassified as independent contractors may pay higher self-employment taxes and miss out on many benefits and protections of state and federal laws, New Jersey also misses out on significant revenue that businesses must tender to the state on behalf of employees but not independent contractors.

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Topics: Employment Law, Whistleblower Protection, Workers' Compensation

Whistleblower Protection Extends to All Employees, Says Supreme Court

Posted by Jamison Mark on Jul 31, 2015 7:30:00 AM

New Jersey’s Whistleblower Law (formally known as the Conscientious Employee Protection Act of 1986, or CEPA) protects employees from being terminated for reporting situations at work in which they reasonably believe their employer is in violation of a law or is engaging in criminal or fraudulent practices.

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Topics: Whistleblower Protection

Fired Executive May Have Been Eligible For Whistleblower Protection

Posted by Jamison Mark on Sep 13, 2014 5:00:00 PM

A former executive of Redflex Traffic Systems, a company that produces red-light cameras, has found himself at the center of a legal scandal due to comments regarding the company’s questionable business practices. Aaron Rosenberg worked for Redflex until 2013, when allegations arose that the company was bribing political officials in order to have its products installed within their jurisdictions.

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Topics: Employment Law, Whistleblower Protection

Man Files Suit after Racist Whistleblower Retaliation

Posted by Jamison Mark on Jun 25, 2014 5:54:21 PM

When someone is being treated improperly or unfairly, it sometimes takes incredible amounts of courage to stand up for them.  In employment law, however, a person who sees something wrong taking place has a protected right to blow the whistle on the improper activity or conduct.  New Jersey whistleblower protection laws not only allow inappropriate or illegal conduct to be exposed, but they also prohibit retaliation against whistleblowers. 

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Topics: Employment Law, Discrimination & Harassment, Whistleblower Protection

Third Circuit decision may expand whistleblower protection

Posted by Jamison Mark on May 9, 2014 10:53:00 AM

A recent precedential decision by the U.S. Court of Appeals for the Third Circuit has helped expand whistleblower protection under the Sarbanes-Oxley Act (SOX). In the case of Wiest v. Lynch, the Court redefined the standard for a valid SOX complaint to require that the employee has an "objectively reasonable" and good-faith belief that his employer has violated a SOX provision. This removes the previous barrier that was in place which required an employee to know of a definitive and specific violation of a statute prior to making an SOX claim.

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Topics: Whistleblower Protection

Should mutual fund workers have whistleblower protections?

Posted by Jamison Mark on May 9, 2014 10:51:00 AM

The Sarbanes-Oxley Act prohibits public companies from retaliating against employees who blow the whistle on illegal activities they see in their workplaces. When it comes to companies in the financial services industry, it seems like simple good policy to extend whistleblower protections as far as possible, considering that illegal activities in that industry can have nationwide or even worldwide repercussions.

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Topics: Whistleblower Protection

New Jersey medical technician awarded in whistleblower lawsuit

Posted by Jamison Mark on May 9, 2014 10:31:00 AM

A New Jersey hospital technician has been awarded in excess of $2.1 million after suing Bayonne Medical Center due to circumstances that allegedly led to his being fired from his job. It is claimed that the technician was disciplined and eventually tired because he complained about employment staffing and the qualifications of his new supervisor.

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Topics: Whistleblower Protection

CEPA claim dismissed for lack of status and inflammatory language

Posted by Jamison Mark on May 9, 2014 10:21:00 AM

An elected official's Conscientious Employee Protection Act (CEPA) claim was recently dismissed after the court determined that he was not an employee, and therefore, could not receive protection under New Jersey's primary whistleblower statute. State Assemblyman Elect Carmelo Garcia believes that Hoboken Mayor Dawn Zimmer has developed a discriminatory political strategy.

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Topics: Whistleblower Protection

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