New Jersey Conscientious Employee Protection Act (CEPA) Attorneys
Last updated on July 14, 2026
New Jersey law strongly encourages all employees – both public and private – to come forward when their employer is breaking the law, committing fraud or violating a compelling public policy of either the state, local or federal governments.
When people come forward by refusing to participate in, objecting to or disclosing or threatening to disclose such conduct, we call them “whistleblowers.” We should also call them heroes. Being a whistleblower is often one of the most traumatic, stressful, thankless and dangerous things an employee can do, especially in a tough economy when it’s not so easy to get another job. A person has to really wrestle with his or her conscience when deciding whether or not to object to, refuse to participate in or disclose conduct that is illegal, fraudulent or that violates public policy.
When those employees make the right decision, they have protection under the New Jersey Conscientious Employee Protection Act, commonly called New Jersey’s whistleblower statute.
The statute prohibits not only adverse job actions such as wrongful discharge, termination, demotion or transfer in retaliation for whistleblowing, but the statute also protects against retaliatory harassment. This would be conduct that is hostile, intimidating or abusive and which occurs because of that person’s status as a whistleblower.
What To Do Immediately If You Suspect Retaliation
If you think your employer is retaliating against you for speaking up, the steps you take right now can make or break your case. Before taking any formal action, here’s what you can do:
- Create a contemporaneous record: Write down the dates, times, exactly what was said or done, who was present and how the treatment you are receiving differs from your prior standing or company norms. Do this while details are fresh.
- Back up existing documentation: Save emails, performance reviews, policies and any other relevant records to a personal account or device before your access disappears. Photograph documents if necessary. Do not take anything you are contractually prohibited from removing, but preserve everything you lawfully can.
- Do not destroy anything, even if it seems to hurt you: Selectively deleting unfavorable records can be used against you. Leave the record intact and let us figure out how to address it.
Outside of evidence, your first priority is protecting your communications. Do not use company email, computers or phones for anything related to your situation. It also helps to assume everything on company systems is being monitored. Call us before taking any other action.
Statute Of Limitations On New Jersey’s CEPA
Under CEPA, you have one year from the retaliatory act to file in New Jersey Superior Court. This is shorter than many federal whistleblower statutes, which can allow two to six years.
In limited circumstances, the clock may start from when you discovered the retaliation rather than when it occurred. Certain rare situations, like fraudulent concealment by your employer, may also pause this statute, but courts apply both exceptions very narrowly.
Overview Of Claims Process
CEPA protects against discharge, suspension, demotion and other adverse employment actions, and for those who prevail, it provides for recovery of lost wages, emotional distress damages and attorneys’ fees paid by the employer.
Equitable remedies including reinstatement, back pay and front pay are also available, and in cases of particularly egregious conduct, so are punitive damages. New Jersey courts have consistently interpreted CEPA broadly, making it one of the strongest whistleblower protection statutes in the nation.
Getting to that outcome is a complex process. You are not required to understand every step, but knowing what lies ahead can help you calibrate your expectations:
- Investigation and filing: We gather your documentation, identify key evidence and build your case before filing directly in New Jersey Superior Court. No EEOC filing is required under CEPA.
- Discovery and negotiation: Both sides exchange evidence and assess the strength of the case. Under CEPA, you must show that your whistleblowing was a contributing factor in the employer’s decision. At that point, the burden shifts to the employer to prove it would have taken the same action regardless.
- Trial, if necessary: Kevin Costello holds New Jersey Supreme Court Civil Trial Certification, a credential fewer than 2% of New Jersey attorneys earn. We are prepared and willing to go the distance.
We are not here to close your case quickly. We are here to handle it the right way, for as long as it takes.
How Much Does It Cost To Hire A New Jersey CEPA Attorney?
Nothing upfront. We take CEPA cases on contingency, meaning we only get paid when you win. You owe us nothing if we don’t recover for you.
New Jersey’s CEPA statute also provides for fee-shifting. This means that if you prevail, the employer can be required to pay your reasonable attorney’s fees and costs on top of your damages. That’s not just good for your bottom line; it’s the law holding your employer accountable for putting you in this position in the first place.
We’re Ready To Fight For You
Costello & Silverman has spent decades standing exclusively in the corner of New Jersey employees. We’ve recovered millions for whistleblowers and earned multimillion-dollar verdicts in court when it counted most. If your employer has retaliated against you for doing the right thing, call 866-944-3371 or contact us online for a free, confidential consultation.