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New Jersey’s Conscientious Employee Protection Act

It is an unfortunate truth that objectionable practices are rampant in the workplace. Many employees, while bothered by it, are afraid to take action because they know it could mean their jobs. Fortunately, the state of New Jersey has taken special steps to protect the brave employees who stand up to unacceptable practices in the workplace and suffer adverse employment action as a result. In addition to the anti-retaliation provisions that exist under state and federal laws, New Jersey’s Conscientious Employee Protection Act (CEPA) provides broad whistleblower protection to employees under a variety of circumstances.

CEPA strictly prohibits retaliation against employees in New Jersey who do any of the following:

  • Report or threaten to report violations of law, regulation or rule or any other criminal or fraudulent conduct either to a higher supervisor or to a public body
  • Provide information to or testify before any public body in connection to an investigation or inquiry into violations of law or regulation or regarding patient care in the healthcare industry
  • Object to or refuse to participate in an activity the employee reasonably believes to be a violation of law or regulation, fraudulent or criminal or incompatible with public policy concerning public health, safety, welfare or environmental protection

A CEPA plaintiff is entitled to a jury trial in New Jersey state court and, if successful, can receive reinstatement of position and benefits, compensation for lost wages, attorney fees and costs, and in some cases punitive damages. The time limit for filing a CEPA suit, however, is one year, and because there is no administrative process for enforcing CEPA, it is especially important to consult an experienced New Jersey retaliation lawyer.

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Neil H. Deutsch
Senior Partner

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey's premiere practitioners of employment and civil litigation. Mr. Atkins has also been included in the Thomson Reuters list of New Jersey Super Lawyers* in Employment Litigation since 2005. Mr. Atkins believes employees have rights that should be aggressively pursued when an employer has wrongfully dealt…

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Adam J. Kleinfeldt
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About Adam J. Kleinfeldt joined Deutsch Atkins, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in a…

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Robert J. Pantina
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About Robert J. Pantina joined the firm in 2018. Mr. Pantina received his B.A. from Rider University in 2008. He received his J.D. from the Elisabeth Haub School of Law at Pace University in 2017. While in law school, Mr. Pantina interned for the Hon. Bonnie J. Mizdol, Assignment Judge of the Superior Court of…

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Diane Englander Peyser
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About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

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