Derek Smith Law Group / Employment Law Attorneys / Whistleblower Attorneys / Whistleblower Attorneys in New Jersey

Whistleblower Attorneys in New Jersey

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What Is a Whistleblower in New Jersey?
Different Types of Workplace Discrimination Cases We Handle:

Whistleblowers in New Jersey are those people willing to report a company, organization, or wrongdoing by violating laws, rules, or regulations that affect the public conscious and safety. In other words, a whistleblower sees something wrong at work, refuses to participate, and is willing to report it and even testify against it to make sure the company does not get away with breaking the law and harming people.

It is essential to keep an open line of communication for whistleblowers to feel comfortable coming forward. As a result, it is illegal to retaliate against a whistleblower. For the past 25 years, the experienced attorneys at the Derek Smith Law Group has worked to help whistleblowers obtain the justice they deserve.

What Is a Whistleblower in New Jersey?

A whistleblower in New Jersey is anyone that “blows the whistle” against a company or business who is violating the laws and regulations that protect the government from fraud and individuals from acts that are dangerous or affect public health and safety.

“blowing the whistle” simply means the person has reported the wrongdoing or illegal activity to a party that can act on the information, has refused to participate in the illegal activities, and/or is willing and does testify against he employer or even a co-worker in court. The whistleblower, as a result of his or her necessary contribution to protecting the public, is protected from retaliation from the employer.

What Is the Role of a Whistleblower Attorney in New Jersey?

Whistleblowers need attorneys for three different reasons. First, a whistleblower may wish to consult an attorney when he or she discovers the illegal activity and wishes to make a claim. The attorney can help the whistleblower through the process to make sure they follow the statute of limitations and have everything properly in place to file the claim appropriately. As a result, the whistleblower is now working on behalf of the state or federal government, since he or she knows the details as the witness to the actions.

The whistleblower attorney will guide the whistleblower and help make sure he or she is properly represented to complete the claim and receive the compensation he or she deserves. Finally, if the whistleblower is fired, demoted, withheld pay, receives a reduction in pay, suspended, or receives any other retaliatory actions from the employer, the whistleblower attorney can help file a claim for retaliation in the courts and get the whistleblower the compensation he deserves.

What Laws Protect Whistleblowers in New Jersey?

The federal government and the State of New Jersey have several laws in place to protect whistleblowers from retaliation and provide compensation through qui tam actions. Some of the laws include:

The Federal False Claims Act. This act is related to qui tam actions. Under this act, whistleblowers can sue the business or corporation for illegal activity in place of the federal government. As a result, the whistleblower is entitled to 25% – 30% of the money recovered as a result of the lawsuit.
The New Jersey False Claims Act. Like the federal act, this act relates to qui tam actions filed on behalf of the New Jersey government. Under this law, the whistleblower may receive 15% to 25% of the money recovered as well as up to 3 times the actual harm to the state.
Dodd-Frank Act. The Dodd-Frank Act was enacted in 2010 and is intended to protect whistleblowers in the financial community when reporting financial fraud.
Sarbanes-Oxley. The Sarbanes-Oxley Act was enacted in 2002 and is also intended to protect whistleblowers in the financial sector when reporting financial fraud.
New Jersey Conscientious Employee Protection Act. Under this law, the employee who discovers acts of illegal activity must first bring this information to his or her supervisor in writing and provide the employer with a “reasonable opportunity” to correct the problem. If this has been done and nothing changes, the employee is then protected from retaliation when he brings the claim to a public body, such as the New Jersey Department of justice, health inspector, or whoever handles such issues relating to the claim.

What Are Examples of Whistleblower Actions in New Jersey?

Whistleblower actions in New Jersey relate to illegal activities or anything that puts the public health and safety at risk. Some examples of whistleblower actions in New Jersey include:

Fraudulent billing practices
Filing false claims
Embezzlement
Tax fraud
Misclassification of federal contractors
Refusal to abide by OSHA laws
Receiving kickbacks that are otherwise against the law
Medicare or Medicaid fraud
Overcharging the government for defense contracts
Misappropriation of funds
A system of falsely obtaining approval on government bids
Conspiracy to defraud the government
Obstructing an investigation
Failure to abide by commercial transport laws.

What Is the Statute of Limitations to File a Whistleblower Claim?

Under the Federal False Claims Act and New Jersey False Claims Act, a person has 60 days from the date of the illegal activity to file a claim with the Department of Justice regarding the actions.

New Jersey’s Conscientious Employee Protection Act insists employee must first report the incident to his or her supervisor in writing and provide a reasonable time limit for the supervisor to take action unless he has reason to believe the employer or supervisor already is aware of the violations. If that does not occur, the employee has one year to file the claim with the appropriate public agency.

The Sarbanes-Oxley Act allows a time-limit of 180 days to file a claim for retaliation. And the Dodd-Frank Act allows a whistleblower 6 to 10 years to file a whistleblower claim and 3 years to file a complaint about retaliation.

Testimonials

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Olivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial

Desirae Gallardo

Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial

Chelsi Ferrini

Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial

Tanya Scheer

I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial

Keely Mettlen

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!

Stacey Marie Norton

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂

Seedie Whiser

Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial

Anthony Scearce

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

Jessica Gonzalez

Corey Kientz

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What Remedies are Available to Whistleblowers in New Jersey Court?

Qui Tam actions occur when the federal or state department of justice does not wish to join the whistleblower action with you and that means you handle the entire process on your own. Because you are working as a spokesperson for the DOJ, you are entitled to certain remedies not available to whistleblowers not controlling the case. Under federal law, you are entitled to 25%-30% of the money recovered by the government. Under New Jersey laws, you are entitled to 15%-25% of the money as well as 3-times the stolen money per claim.

If you are a victim of whistleblower retaliation, the following remedies would be available through the courts in New Jersey:

Reinstatement of employment and benefits
Reimbursement of benefit premiums
Reimbursement of medical and other related costs
Back pay
Future pay
Attorney’s fees
Termination of the person responsible for retaliation
Pain and Suffering
Emotional Distress
Punitive Damages

Verdicts & Settlements

Our results speak for themselves

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County of New York The Derek Smith Law Group secured a $1.5 million settlement on behalf of John Doe, a former…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

$1.8 Million Verdict

Case Handled by The Derek Smith Law Group Attorney Ian Bryson United States District Court, Eastern District of Pennsylvania The…

$15 Million Verdict

Jane Doe v. Bart Francis Piscitello Supreme Court of the State of New York, County of Nassau Case handled by…

$16 Million Settlement

Case Handled by The Derek Smith Law Group Attorneys Derek Smith and Alexander Cabeceiras The Derek Smith Law Group is…

A Few Things You Can Do Right Now

If you are considering blowing the whistle or are experiencing retaliation as a result of being a whistleblower, here are a few things you can do while you work on your case:

Retain a whistleblower attorney in New Jersey immediately.
If you are still employed, do not quit your job.
Contact HR and report any retaliatory measures taken by your employer.
Collect evidence. Document every incident, when it occurred, who was involved, and any witnesses.
Collect documents, text messages, emails, and any other proof of your claim.

Contact Our Experienced New Jersey Whistleblower Attorneys for a Free Consultation

Whistleblowers in New Jersey are an essential piece to preventing corruption in government and business. Without protections in place, many whistleblowers would not come forward and provide this valuable information. If you are a whistleblower and/or have experienced retaliation as a result, the experienced attorneys at the Derek Smith Law Group can help. Contact us today at (973) 388-8625 for a free consultation. We do not collect any money until you win your case.

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