Did I Blow the Right Whistle?
David Lichtenberg and David Treibman’s article “Did I Blow the Right Whistle?” was featured in the New Jersey Lawyer magazine on September 9, 2014.
New Jersey has long prided itself on being at the cutting edge of employment law. One area where the State has been a leader is in protecting the rights of whistleblowers. New Jersey’s whistleblower statute, the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8, or CEPA, has long been described as one of the most far-reaching statutes of its kind. CEPA was adopted in 1986, long before the news media began focusing its 24-hour cycle on individuals who became famous (or notorious) for blowing the whistle on their own employers like Jeffrey Wigand (tobacco industry), Edward Snowden (NSA) and Bradley Manning (US Army). However, since CEPA’s passage, there has been significant and repeated litigation over just whom the statute is designed to protect.
In the article, both David’s analyze the evolution and current state of the law in this regard, using New Jersey’s Supreme Court opinions as reference points.