1. Schenck Price Smith & King, LLP PROTECT YOUR ORGANIZATION
WHISTLEBLOWER LAWS:
WHAT YOU NEED TO KNOW TO
PROTECT YOUR ORGANIZATION
Presented by:
Deborah A. Cmielewski, Esq.
November 18, 2016
9:00 a.m. – 10:30 a.m.
© Schenck Price Smith & King, LLP

3. WHAT WE’RE NOT DISCUSSING -
WHAT WE’RE NOT DISCUSSING - Title VII of the Civil Rights Act of Age Discrimination in Employment Act - Americans with Disabilities Act - Equal Pay Act - ERISA - OSHA …and so on and so forth…

5. “…New Jersey is one of the broadest-reaching whistleblower laws in the country. . .”

6. NJ Conscientious Employee Protection Act (“CEPA”) N. J. S. A
NJ Conscientious Employee Protection Act (“CEPA”) N.J.S.A. 34:19-1 to 8

7. NJ Conscientious Employee Protection Act (“CEPA”) N. J. S. A
NJ Conscientious Employee Protection Act (“CEPA”) N.J.S.A. 34:19-1 to 8 (cont’d) - Prohibits all public and private employers from retaliating against employees who disclose, object to or refuse to participate in certain actions that employees reasonably believe are illegal or in violation of public policy.

8. ELEMENTS Reasonablebelief Qualified activity Retaliatory action
Causal link

9. REASONABLE BELIEF Reasonable belief employer’s conduct violated a law or regulation or a clear mandate of public policy ˜NOTE: the employee doesn’t need to be right˜

10. EXAMPLES
Patient care
Safety/hygiene
Billing practices

12. QUALIFIED ACTIVITY (“Whistleblowing”)
Disclosing
Threatening to disclose
Refusal to participate
Good faith

14. RETALIATORY ACTION Adverse employment action against the employee

15. RETALIATORY ACTION RETALIATORY ACTION (cont’d)
Termination
Demotion
Suspension

16. CAUSAL LINK

17. DAMAGES Emotional distress Back pay Front pay Lost wages and benefits
Interest
Costs and attorney’s fees
Punitives

19. REMEDIES
Injunctive Relief Reinstatement - Same or equivalent position - Full fringe benefits - Seniority rights

21. Maintain policy
Distribute notice
Open hotline
Paper, paper, paper

26. Serving Our Clients And Community For Over 100 Years www. spsk
Serving Our Clients And Community For Over 100 Years Deborah A. Cmielewski, Esq. (973)