Can I be sued if I file a whistleblower claim?
Yes, you can be sued if you file a whistleblower claim in New Jersey. Under the New Jersey Conscientious Employee Protection Act (CEPA), employers are prohibited from retaliating against employees who disclose, or threaten to disclose, information relating to an employer’s illegal activity. However, there are certain restrictions that apply, and if an employer believes that a whistleblower has violated those restrictions, they can file a defamation lawsuit against the whistleblower. The restrictions vary from case to case and depend on the type of employer and type of information being disclosed. Generally, a whistleblower should only make valid statements that are based in fact and not just opinion. Additionally, statements made must be deemed to be a reasonable response to whatever information the whistleblower is attempting to expose. If a whistleblower does fail to follow these restrictions or otherwise makes a false statement, they can be sued for slander or libel. Therefore, when making a claim as a whistleblower, it is important to do so legally and carefully. In addition to following the restrictions that apply, it is also recommended that a whistleblower seek the advice of a lawyer before filing a claim.
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