Mark Law Firm Recent Articles

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

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

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