The Law Offices of Richard M. Pescatore are located in both Vineland and Marlton, New Jersey. The firm has successfully achieved verdicts of one million dollars and more on behalf of its clients, together with multi-million dollar settlements.
The Law Offices of Richard M. Pescatore are located in both Vineland and Marlton, New Jersey. The firm has successfully achieved verdicts of one million dollars and more on behalf of its clients, together with multi-million dollar settlements.
New Jersey's Conscientious Employee Protection Act, or CEPA, protects public and private employees who report or refuse to take part in conduct they reasonably believe is unlawful, and who are then punished for it. You generally have one year to file suit. The firm represents whistleblowers across South Jersey.
You are protected when you:
Disclose, or threaten to disclose, to a supervisor or public body something you reasonably believe breaks a law, rule or regulation, or is fraudulent or criminal.
Give information or testimony to a public body looking into a possible violation.
Object to or refuse to take part in something you reasonably believe is unlawful, fraudulent or criminal, or incompatible with a clear mandate of public policy on public health, safety, welfare or the environment.
Licensed health care professionals are also protected when they report improper quality of patient care.
Under Dzwonar v. McDevitt, an employee must show four things: a reasonable belief that the conduct was unlawful or against public policy, a protected act such as reporting or refusing, an adverse action by the employer, and a causal connection between the two. You do not have to prove the employer broke the law. You need a reasonable belief.
Written notice. Before going to a public body, CEPA generally requires written notice to a supervisor and a reasonable chance to fix the problem. The exceptions are narrow: you are reasonably certain supervisors already know, or it is an emergency and you reasonably fear physical harm.
The waiver. Filing a CEPA suit gives up other contract, statutory and common law claims that depend on the same retaliation. Claims substantially independent of it survive. Talk to a lawyer before you choose how to file.
If you were fired, the year runs from the last day you were paid a regular salary or wage. It does not run from the day you got notice, and severance does not extend it.
Remedies can include reinstatement, lost wages, restored benefits and seniority, other damages, attorney's fees and costs, and punitive damages in some cases.
Write down what you saw, when, and who was involved.
Write down who you told, when, and how they responded.
Keep records you are allowed to have. Do not remove confidential files without talking to a lawyer.
Note every change in how you are treated, with dates.
Call a lawyer soon. One year goes quickly.
Do I have to be right about the violation? No. A reasonable belief is enough, but it must be connected to a law, rule or clear public policy.
Does CEPA cover state, county and school employees? Yes. It covers public and private employers. See claims by public employees.
Do I have to put my complaint in writing? Internal reports can be oral, though writing helps you prove it. The written-notice rule applies before going to a public body.
Call (856) 507-1000 or use the contact form. The firm has offices at 1055 East Landis Avenue, Vineland, NJ 08360, and 2 North Maple Avenue, Marlton, NJ 08053.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and outcomes depend on the facts of each case.
Last updated November 4, 2026.