Conscientious Employee Protection Act printable pdf download

Conscientious Employee

Protection Act

“Whistleblower Act”

Employer retaliatory action; protected employee actions; employee responsibilities

1. New Jersey law prohibits an employer from taking any retaliatory action against an employee because the

employee does any of the following:

a. Discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy or practice of the

employer or another employer, with whom there is a business relationship, that the employee reasonably

believes is in violation of a law, or a rule or regulation issued under the law, or, in the case of an employee

who is a licensed or certified health care professional, reasonably believes constitutes improper quality of

patient care;

b. Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into

any violation of law, or a rule or regulation issued under the law by the employer or another employer, with

whom there is a business relationship, or, in the case of an employee who is a licensed or certified health care

professional, provides information to, or testifies before, any public body conducting an investigation, hearing

or inquiry into quality of patient care; or

c. Provides information involving deception of, or misrepresentation to, any shareholder, investor, client, patient,

customer, employee, former employee, retiree or pensioner of the employer or any governmental entity.

d. Provides information regarding any perceived criminal or fraudulent activity, policy or practice of deception

or misrepresentation which the employee reasonably believes may defraud any shareholder, investor, client,

patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental

entity.

e. Objects to, or refuses to participate in, any activity, policy or practice which the employee reasonably

believes:

(1) is in violation of a law, or a rule or regulation issued under the law or, if the employee is a licensed

or certified health care professional, constitutes improper quality of patient care;

(2) is fraudulent or criminal; or

(3) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare

or protection of the environment. N.J.S.A. 34:19-3.

2. The protection against retaliation, when a disclosure is made to a public body, does not apply unless the employee

has brought the activity, policy or practice to the attention of a supervisor of the employee by written notice and

given the employer a reasonable opportunity to correct the activity, policy or practice. However, disclosure is not

required where the employee reasonably believes that the activity, policy or practice is known to one or more

supervisors of the employer or where the employee fears physical harm as a result of the disclosure, provided

that the situation is emergency in nature.

CONTACT INFORMATION

Your employer has designated the following contact person

to receive written notifications, pursuant to paragraph 2 above (N.J.S.A. 34:19-4):

Name:______________________________________________________

Address:____________________________________________________

____________________________________________________________

Telephone Number:_____________________________________________

This notice must be conspicuously displayed .

Once each year, employers with 10 or more employees must distribute notice of this law to their employees.

If you need this document in a language other than English or Spanish, please call (609) 292-7832.

AD-270 (8/11)

Conscientious Employee Protection Act

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