Whistleblower 101

Jared Jacobson Law Blog

Whistleblower cases have skyrocketed in the past few years. To the layperson, which is a fancy word for “non-lawyer”, simply stated, whistleblowing is speaking up against activity that one reasonably believes is either against the law, a regulation or a public policy. The definition varies depending on state laws as well as various federal laws. Very often an individual will be protected if s/he “blows the whistle” properly and the conduct which was the subject of the whistleblowing is protected, i.e., the law protects the person. This encourages whistleblowers to come forward, along with some financial rewards for doing so, discussed below.

Examples of laws that address whistleblowing include the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd Frank”), the Sarbanes-Oxley Act (“SOX”), the False Claims Act, and the New Jersey Conscientious Employee Protection Act (“CEPA”). Many of these whistleblower laws have anti-retaliaton provisions in them as well. As…

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