What If Reporting Problems Is Part of My Job?

Compliance officers, healthcare professionals, safety personnel and other employees may be expected to identify problems. That job responsibility does not automatically exclude them from New Jersey’s whistleblower protection.

The Lippman decision

In Lippman v. Ethicon, Inc., 222 N.J. 362 (2015), the New Jersey Supreme Court held that watchdog employees may receive CEPA protection while performing their ordinary duties. It also rejected an extra internal-exhaustion requirement for that category of employees. The employee still must prove the elements of a CEPA claim.

What should I bring to counsel?

Your job description can explain why you encountered the issue and what management expected you to do. Bring information about reporting responsibilities, committee participation, audit findings, recommendations and management’s response.

Identify when a technical discussion became an objection or report and describe it accurately. Explain whether your recommendations were adopted, rejected or followed by changes in your duties. Those details help counsel distinguish routine professional debate from the conduct and alleged retaliation at issue.

A position of responsibility can make the evidence complex

The person reporting a concern may also have approved earlier practices, managed other employees or participated in the decision under review. Tell counsel about that role rather than leaving it out. A complete record allows a more reliable assessment of the claim and the employer’s defenses.