A. No. An employee only needs to have an objectively reasonable belief that the employer’s activity fits into one of the categories listed above. For example, if an employee objects because she reasonably believes his employer is committing tax fraud, CEPA protects the employee retaliation even if the company actually was complying with the law.
Q. What type of damages can I recover if I prevail in a CEPA case?
A. If you win a CEPA case, you can recover your economic losses, including past and future lost wages and benefits. You can also recover damages for your emotional distress, attorney’s fees, and the other costs of the litigation. In some cases, you can also receive punitive damages.
Q. Does New York have a law similar to CEPA?
A. Not exactly. Although New York has a whistleblower law, it is not even close to as broad as CEPA, and the courts have interpreted it very narrowly. However, numerous state and federal laws give New York employees protection from retaliation, including the New York Human Rights Law, the New York City Human Rights Law, the Family & Medical Leave Act (FMLA), Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), and the Sarbanes-Oxley Act (SOX).
Q. What do I do if I’ve been the victim of retaliation?
A. Whistleblower and other anti-retaliation laws can be very complicated. If you believe you have been fired, demoted, skipped for a promotion, harassed