Morristown, NJ employment law attorney Chris Lenzo talks about whistleblower retaliation. He notes that whistleblower retaliation occurs when an employer takes adverse action against an employee in response to legally protected conduct. Under whistleblower laws, this protected conduct generally involves complaints by an employee about actions they reasonably believe are unlawful or in violation of public policy. Importantly, the employee’s belief only needs to be reasonable; they do not have to be correct.

New Jersey case law recognizes that employees are not expected to be legal experts. Even if an employee is mistaken about the facts or the law, they are still protected. For example, if an employee at a chemical company observes a pipe discharging brown fluid into a river and reasonably believes it may constitute pollution, reporting it to the Environmental Protection Agency or OSHA would be protected conduct—even if the discharge is later determined to be harmless or legally permissible.

Employers are prohibited from retaliating against employees who make such complaints, whether by firing, demoting, suspending, or reducing pay. These protections exist to encourage employees to come forward with potential violations, ensuring that the government and regulatory agencies are made aware of workplace issues. Employees who act in good faith to report suspected unlawful or unsafe conduct are safeguarded under whistleblower laws, even if their assessment of the situation is ultimately mistaken.