WHISTLE-BLOWERS, DON'T DESPAIR OVER RECENT US SUPREME COURT RULING
On February 21, 2018, the United States Surpreme Court ruled 9-0 in Digital Realty Trust v. Somers that whistleblowers cannot bring a claim under the Dodd Frank Act if they did not notify the Securities and Exchange Commission in writing. While this is considered a blow to protect whistleblowers, there are still three different ways for an New Jersey employee of a publicly traded company to vindicate their rights.
First, a case can still be filed under the Sarbanes Oxley Act as long as an administrative complaint is filed within 180 days of awareness of retaliation. Then, after 180 days has passed and OSHA has not addressed the complaint (which is common), the whistleblower has a choice of either bringing a federal court action or taking the matter to an administrative tribunal. Under Sarbanes Oxley ('SOX"), a whistleblower who prevails can collect lost earnings, compensatory damages, punitive damages if appropriate proofs are submitted and attorneys fees. And unlike Dodd Frank, an employer cannot compel arbitation of the claim.
Second, a New Jersey whistleblower an bring a lawsuit under the New Jersey Conscientious Employee Protection Act but must do so within one year of the effect of the retaliatory act. Like SOX, a prevailing whistleblower can collect lost earnings, compensatory damages, punitve damages if appropriate proofs are submitted and attorney's fees. The third way to vindciate a whistleblower's claim is filing a breach of contract claim under the employer's Code of Ethics. All publicly traded companies must adopt, distribute and implement a Code of Ethics as requiried by the stock exchanges where the company trades. Our firm just obtained a ruling from New Jersey Superior Court to that effect despite the presence of a written disclaimer in the Code of Ethics that said that no contract was created by the Code. The statute of limiitations is six (6) years for this claim and a whistleblower can only collect lost earnings. If the case is litigated in New Jersey state court, then attorney's fees may be awarded provided that a procedurual maneuver is utilized as allowed under New Jersey court rules.
If you believe that you have been retaliated against because you are a whistleblower, please give us a call at (973) 695-7777 or email us at jgreen@greensavits.com
“It was announced on August 20, 2020 that Jon Green was named 2021 ‘Lawyer of the Year’ by the U.S. News and World Report Best Lawyers, Employment Law—Individuals in the Newark, N.J. metropolitan region. Feedback came from over 100 lawyers who practice in New Jersey and the New York City metropolitan area in the employment law field. The methodology utilized for this recognition can be found clicking on this link: https://www.bestlawyers.com/methodology. Although this announcement is for individual recognition, it could not have been achieved without the Firm’s other partners Glen Savits and Laura LoGiudice who provide invaluable feedback and assistance and thoughtful pushback when it is warranted. Just as important are our hardworking legal assistants Lanie Bruno and Bernice Trottie who are loyal well beyond the call of duty.”
For frequently asked questions regarding how Covid-19 affects employee rights, go to our FAQ page on our website at https://www.greensavits.com/coronavirus-faq.
New Jersey Employment Law – Green Savits, LLC
Experiencing discrimination, harassment, retaliation, or other unlawful conduct in the workplace can be both emotionally and financially devastating, whether it results in you being fired, suffering a demotion, being denied a promotion, losing pay, or being subjected to some less obvious but no less...
New Jersey Employment Law – Green Savits, LLC
Experiencing discrimination, harassment, retaliation, or other unlawful conduct in the workplace can be both emotionally and financially devastating, whether it results in you being fired, suffering a demotion, being denied a promotion, losing pay, or being subjected to some less obvious but no less...
New Jersey Employment Law – Green Savits, LLC
Experiencing discrimination, harassment, retaliation, or other unlawful conduct in the workplace can be both emotionally and financially devastating, whether it results in you being fired, suffering a demotion, being denied a promotion, losing pay, or being subjected to some less obvious but no less...
New Jersey Employment Law – Green Savits, LLC
Experiencing discrimination, harassment, retaliation, or other unlawful conduct in the workplace can be both emotionally and financially devastating, whether it results in you being fired, suffering a demotion, being denied a promotion, losing pay, or being subjected to some less obvious but no less...
New Jersey Employment Law – Green Savits, LLC
Experiencing discrimination, harassment, retaliation, or other unlawful conduct in the workplace can be both emotionally and financially devastating, whether it results in you being fired, suffering a demotion, being denied a promotion, losing pay, or being subjected to some less obvious but no less...
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Whatever your views of Donald Trump as President, according to the federal Equal Employment Opportunity Commission (EEOC), he has violated Title VII of the 1964 Civil Rights Act by saying to the four Congresswomen, "Go back to where you came from." This statement, according to EEOC guidelines (and supported by judicial interpretation of Title VII) is direct evidence of intent to discriminate on the basis of national origin. See the quoted language below from the EEOC website which can be found by clicking on this link: https://www.eeoc.gov/eeoc/publications/immigrants-facts.cfm
Harassment Based on National Origin
Ethnic slurs and other verbal or physical conduct because of nationality are illegal if they are severe or pervasive and create an intimidating, hostile or offensive working environment, interfere with work performance, or negatively affect job opportunities. Examples of potentially unlawful conduct include insults, taunting, or ethnic epithets, such as making fun of a person's foreign accent or comments like, "Go back to where you came from, " whether made by supervisors or by co-workers.
If you believe that your employer is discriminating against you based on your national origin, contact us at Green Savits. We may be able to help.
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Facts About Employment Rights of Immigrants Under Federal Anti-Discrimination Laws
ABA Section of Labor & Employment Law
March 21, 2019 at 4:11 PM ·
The 2019 ERR Committee Midwinter Meeting is underway! This year 'ERR Gives Back' has teamed w/ Nevada Partnership for Homeless Youth. Among the many services NPHY provides are emergency shelters and a transitional housing program for children and youth living on the street.
For more information & to donate: http://www.nphy.org
Most of our clients when they are fired lose their health insurance because they are financially unable to pay the COBRA premiums. There is some good news. New Jersey's Legislature and Governor have enacted legistlation that has had the positive effect of lowering premiums and has resulted in a new Silver Plan that is more affordable. We encourage those individuals who have either lost their jobs an cannot afford COBRA premiums or are working for employers who do not offer health insurance to click on https://www.state.nj.us/dobi/division_insurance/ihcseh/IHC_Calculator_2018/IHC.HTM that will give information on health exchange plans and the carriers offering them.
If you have an employment issue, please contact us at (973) 695-7777 or contact our website by entering information on the right hand side of this screen.
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This New Jersey Case Hints at What's Next in Workplace Safety Amid COVID-19 | New Jersey Law Journal
