New Jersey Whistleblower Attorney

Legal Protection for Workers in NJ & Philadelphia

The New Jersey whistleblower attorney team at The Law Firm of Morgan Rooks, P.C. wants you to know that coming forward benefits the public good, the government, and perhaps even other employees. The government also offers substantial incentives and legal protections to those who come forward with reliable information. However, there are important steps that must be followed when filing a claim under the False Claims Act. The person who reports the fraud must do so through a lawsuit filed through a whistleblower attorney in New Jersey. The lawsuit must be the first to bring the allegations of fraud. If another person files a lawsuit that contains the same or similar allegations of fraud, your claim can be dismissed. Do not discuss the allegations or report the allegations to anyone other than your whistleblower attorney. Public disclosures of your allegations can be harmful to your claims.

The Law Firm of Morgan Rooks, P.C., committed to prioritizing employee rights, stresses the importance of adhering to the proper legal channels when reporting fraudulent activities. Our attorneys, skilled in whistleblower laws, are dedicated to guiding clients through the entire process. Clients can rest assured that their identities and information are protected, enabling them to report wrongdoing without fear of reprisal. We take pride in our role in helping create a lawful and fair work environment, benefiting workers throughout New Jersey and Philadelphia.

At The Law Firm of Morgan Rooks, P.C., we are dedicated to helping employees hold businesses accountable for defrauding the government. If you have important information, share it with our experienced whistleblower lawyer in New Jersey. Contact us online or dial (856) 746-6332.

The Role of a Whistleblower Lawyer in New Jersey

If you have uncovered evidence that your employer or another company is defrauding the government, we understand that you may be reluctant to come forward with what you know. It is common for employees to fear retaliation from their employer and damage to their own reputation by being labeled as a whistleblower. We recognize that doing the right thing isn’t always doing the easy thing. Standing up for what is right can be difficult. Depending on the circumstances, it may also carry consequences for the person who, by all accounts, should be considered a hero. That’s why it takes courage to come forward and report companies or employers who are defrauding the federal government. These people are known as “whistleblowers,” and they play a critical role in making sure that companies are playing by the rules.

Whistleblowers serve as the backbone of organizational accountability, often standing alone to challenge systemic issues that others may ignore. They are not just employees; they are brave individuals who risk their current livelihoods for the greater good, helping to safeguard taxpayer money and maintain institutional integrity. By bringing attention to illegal activities, whistleblowers can help initiate crucial changes that can eradicate fraud and corruption, ultimately enhancing public trust and safety.

Understanding the False Claims Act in New Jersey

The original False Claims Act was signed into law by President Abraham Lincoln in 1863. Its original aim was to incentivize people to come forward with information about military contracting fraud during the Civil War. It has evolved over the years and been amended to become the predominant law for protecting whistleblowers. The False Claims Act is designed to hold both individuals and businesses accountable when they engage in defrauding the government or violating the law.

The modern iterations of the False Claims Act provide extensive protections to whistleblowers, reflecting the changing face of government and corporate interactions. These amendments over the years have equipped the act with the necessary measures to fight not just traditional fraud but also modern schemes that exploit government programs. The act serves both as a punitive measure against wrongdoers and a protective shield for informants, establishing a legal framework that encourages transparency and upholding ethical standards.

The False Claims Act also offers protections to whistleblowers who report waste, fraud, abuse, and public health and safety violations. These protections include preventing whistleblowers from being harassed, threatened, demoted, wrongfully terminated, or discriminated against in any way.

Steps for Filing a Claim Under the False Claims Act

An employee who wishes to voluntarily disclose information to a State or law enforcement agency under the False Claims Act should follow certain steps.

The first step should be to gather all relevant data and proof related to the fraudulent claim. Documents, emails, and other forms of records that could potentially validate the charges should be included in this claim.

It would then be beneficial for the person to seek advice from a legal expert who handles whistleblower cases. This will help people understand their legal rights and safeguards. If appropriate, the whistleblower lawyer in New Jersey can also guide the individual through the process of filing a "qui tam" legal action.

The worker can then put forth a written disclosure containing all pertinent information in their possession, along with a detailed complaint outlining the accusations. Based on the Department of Justice's guidelines, individuals can receive cooperation credit in these scenarios by willingly revealing wrongdoings not previously known to authorities.

Maintaining confidentiality is crucial at every step of this process. By consulting with legal counsel early, whistleblowers can ensure that their actions are safeguarded by privilege, therefore protecting the integrity of the claim and reducing the risk of retaliation. Additionally, the decision to file under seal should be carefully considered as it is a vital step to preserving one's legal protections.

What Does “Qui Tam” Mean?

Qui tam literally translates to “in the name of the king.” It is a provision under the False Claims Act that allows for whistleblowers with evidence of fraud or wrongdoing to sue the violator on behalf of the U.S. Government. The government is given the option to intervene and join the suit, but if the government declines, the whistleblower is allowed to proceed with the claim on their own.

This provision serves as a powerful tool for whistleblowers, enabling them to take legal action against fraud even without direct government backing. Qui tam actions provide a vital check on governmental operations, ensuring that both private and public entities are held accountable for their actions. The whistleblower, known as the relator, stands to gain a portion of the recovered funds, which acts as both a reward for their bravery and a deterrent for potential future fraud.

Since it is an extremely difficult decision to come forward with information on fraud or legal violations for fear of retaliation, the False Claims Act includes financial incentives for whistleblowers. Those who choose to come forward with their information and pursue a claim against a wrongdoer are entitled to a share of the financial recovery from a successful action. That could be anywhere from 15-30% of the total amount of damages recovered, and there is no cap on the amount of damages that you may receive.

Whistleblower Compensation Explained

The 15-30% of the total amount of damages recovered from a False Claims Act is not insignificant. Depending on your information and the type of company or business that is engaging in wrongdoing, compensation for whistleblowers may be enormous. This is due in part to changes made to the FCA in 1986, which amended the law to increase damages significantly for these types of cases. This was done to encourage more whistleblowers to come forward.

In the decades following 1986, whistleblowers have been responsible for 72% of the funds that have been recovered from fraud cases. Numbers from the Department of Justice demonstrate just how successful the FCA has been in getting people to talk about wrongdoing and fraud within companies: In 2019 alone, the department recovered $3 billion. Of that $3 billion, whistleblowers contributed to over $2.1 billion in the form of lawsuits filed under the qui tam provisions of the FCA.

Such financial recoveries signify not only the vital role of whistleblowers in protecting governmental resources but also the scale of misconduct that can be uncovered through these efforts. Each successful claim serves the dual purpose of compensating the whistleblower—thus incentivizing others—and sending a strong message to would-be offenders about the perils of engaging in fraudulent activities. By uncovering fraud, whistleblowers help ensure that public funds are allocated properly and used to advance legitimate government interests.

New Jersey Whistleblower Laws: CEPA & More

In addition to federal laws, New Jersey has its whistleblower protections, most notably the Conscientious Employee Protection Act (CEPA). CEPA is recognized as one of the strongest whistleblower protection laws in the nation, designed to protect employees who report workplace misconduct. Under CEPA, employees can raise concerns about activities they reasonably believe to be violations of law, fraudulent, or incompatible with a clear mandate of public health, safety, or welfare.

CEPA is relevant for various industries due to New Jersey's diverse economic landscape, ranging from pharmaceuticals to technology. This broad applicability ensures that employees in any sector can report misconduct without fearing retaliation. The law requires employers to maintain an environment that allows whistleblowers to speak up safely. If a whistleblower faces retaliation, CEPA provides them with legal routes to seek compensation for any damages incurred, making it a crucial component of New Jersey employment law.

Local Resources & Support for Whistleblowers in New Jersey

New Jersey provides several resources for whistleblowers to assist in protecting their rights and navigating the complexities of reporting fraud or unlawful activities. Organizations such as the Government Accountability Project and the New Jersey Office of the Attorney General offer guidance, support, and, in some cases, direct intervention to protect whistleblowers from retaliation.

Additionally, local legal clinics and community organizations serve as vital resources for those seeking confidential advice or assistance in taking legal actions under whistleblower laws. By engaging with these entities, potential whistleblowers in New Jersey can better prepare themselves for the procedural and emotional challenges ahead. Utilizing available local resources not only provides practical assistance but also reinforces a community of advocacy and support, empowering more employees to come forward.

Contact us at (856) 746-6332 to schedule your free and confidential consultation with our whistleblower attorney in New Jersey.

Have you witnessed misconduct at your workplace? Contact us online or call at (856) 746-6332 today to speak with our whistleblower lawyer in New Jersey!