Mark Law Firm Blog

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

Rutgers whistleblower files retaliatory termination lawsuit

Posted by Jamison Mark on May 9, 2014 10:18:00 AM

The man who exposed the bullying, intimidation, and verbal and physical assaults by former Rutgers University basketball coach Mike Rice says that he brought the problem to the attention of school administrators last year and was fired in retaliation for his whistleblowing. The former director of player development for the program has filed a whistleblower claim under New Jersey's Conscientious Employee Protection Act.

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Topics: Whistleblower Protection

Morris County cop files whistleblower lawsuit after being denied overtime

Posted by Jamison Mark on May 8, 2014 6:11:00 PM

Public servants and first responders, such as police officers and firefighters, often work overtime due to the unpredictable nature of their jobs. Many of these workers rely on overtime pay in order to make ends meet and financially support their families. Unfortunately, however, overtime pay is not usually a guaranteed job benefit, and may change as a result of budget cuts.

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Topics: Whistleblower Protection

Workplace discrimination can come in many different forms

Posted by Jamison Mark on May 8, 2014 5:41:00 PM

Discrimination may be based on several different criteria including a person's race, age, gender, sexual orientation, national origin, religion, disability, or veteran status. Not only is workplace discrimination illegal, but it can have a negative effect on both the victim and those around him. Although many people may witness or be the victim of discrimination, they are often hesitant to report it because they are worried about the consequences. In most instances, however, employees are protected against retaliation when making a good faith report of possible workplace discrimination.

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Topics: Whistleblower Protection