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Blowing the whistle on coworkers who have defrauded the federal government or the State of New Jersey could do lasting damage to your career.
The New Jersey whistleblower attorneys at the Lynch Law Firm, PC understand the risk you are taking as a whistleblower. We are prepared to build a strong case to bring the perpetrators to justice and obtain the largest percentage of the recovered funds the law allows. We will also defend your rights if you suffer any form of retaliation for your actions.
The lawyers at our firm have been recognized by some of the most prestigious organizations in the legal profession, including the Multi-Million Dollar Advocates Forum. James S. Lynch is also on the Executive Board of the New Jersey Association for Justice.
Our New Jersey whistleblower attorneys offer a free, no obligation legal consultation to discuss your claim.
Call our New Jersey whistleblower attorneys right now at (800) 518-0508 .
There are many reasons why it is a good idea to hire a reputable New Jersey whistleblower attorney to help you with your claim. An experienced lawyer can:
Schedule your free, no obligation legal consultation to learn more about how our New Jersey whistleblower lawyers can help you with your whistleblower claim.
Fill out a Free Case Evaluation form or call (800) 518-0508 .
One of the rewards for a successful whistleblower lawsuit is the knowledge that you did the right thing and helped bring perpetrators of government fraud to justice. Another reward is receiving a percentage of the funds recovered by the federal or state government.
If you file a successful lawsuit under the federal FCA or New Jersey’s FCA, and the federal or New Jersey attorney general joined your case, you will receive anywhere from 15 to 25 percent of the recovered funds.
The amount of compensation you receive will depend upon the court’s determination about the extent to which you substantially contributed to the prosecution of the case. In other words, the more substantial your contribution, the more compensation you will receive.
If the federal government or attorney general did not join your case, but you were successful, you will receive at least 25 percent, but not more than 30 percent.
You are also entitled to compensation for reasonable expenses and attorneys’ fees, as determined by the court and paid by the defendant.
Lynch Law Firm, PC’s New Jersey whistleblower attorneys want you to receive as much compensation as possible for courageously coming forward to stop fraud.
Contact the Lynch Law Firm, PC right now. Call (800) 518-0508 .
You can file a whistleblower lawsuit against anyone who engages in activities designed to defraud the federal or state government. The New Jersey FCA and the federal FCA list the same examples of activities designed to defraud the government:
Government fraud occurs in a variety of industries, including:
Common examples of government fraud that occur in these industries include:
Both the federal FCA and New Jersey’s law do not apply to claims, records or statements made relating to federal or New Jersey tax laws.
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Under the IRS Whistleblower Law, you can file a lawsuit to put a stop to tax fraud. If your claim meets one of the two conditions below and you prove your allegations, you will receive 15 percent to 30 percent of the recovered funds:
You can dispute the outcome of your whistleblower claim only if it meets the above conditions.
If your claim has to do with disclosure of allegations from the sources below, you could receive up to 10 percent of the recovered funds:
Common examples of tax fraud for which you might be able to file a whistleblower lawsuit include:
Unlike whistleblower claims under the FCA, your attorney can initiate a claim only by contacting the IRS Whistleblower Office.
Our New Jersey whistleblower lawyers are well-versed in the IRS’ whistleblower laws and know how to build a strong case that gives you a chance of success.
Contact our attorneys now. Complete a Free Case Evaluation form.
If you believe people at your workplace are defrauding the federal or state government, contact our New Jersey whistleblower attorneys today so we can review your claim. We will advise you if you have a case and how to proceed.
The process for filing a qui tam claim is basically the same, whether you are filing under the federal law or New Jersey’s state law.
If you are filing a federal case, it will be brought in the name of the government. If you are filing a state claim, it will be filed in the name of the State of New Jersey.
The complaint will be filed under seal for at least 60 days. That means the person or people you are accusing of fraud will not have access to the allegations. The only people who will know about it are you, your attorney, and the federal or state government.
You must submit a copy of the complaint and written disclosure of all material evidence and information you possess concerning your claim. New Jersey law states that this information must be sent by registered mail, return receipt requested.
Before the 60 days are up, the federal government, or the Attorney General from the State of New Jersey, will decide whether or not to join your claim.
If the government joins, it will take over primary responsibility for prosecuting your claim. If not, you have the right to continue the action on your own without the help of the government.
Your claim has a much greater chance of success if the government gets on board. That is why our New Jersey whistleblower attorneys will work hard to create a strong claim to entice the federal or state government to join your case.
Call the New Jersey whistleblower attorneys at our firm now for free consultation. (800) 518-0508
Unfortunately, if the government takes over, it can decide to dismiss your claim despite the objections of you or your attorney. The government can also decide to initiate a settlement if it determines that a settlement is fair, adequate and reasonable under the circumstances.
The government also has the power to limit your participation in the claim, which could include limiting:
The government can only do this if the defendant is able to show that your unrestricted participation in the case would result in you harassing the defendant or creating an undue burden or expense on the defendant.
Even if the government does not join your claim, it maintains the right to intervene in your claim at any time. The government or state attorney general may also request copies of all pleadings filed and deposition transcripts.
In a federal claim, the case will be unsealed after 60 days and the accused is required to respond within 20 days. In a state claim, the defendant’s response time is governed by the Rules Governing the Courts of the State of New Jersey.
At this point, most defendants offer to settle the claim rather than go through a trial. However, if the defense decides to proceed to the courtroom, our New Jersey whistleblower attorneys will be prepared to prosecute a successful case.
If we are successful, you will be entitled to a percentage of the recovered funds and attorneys’ fees and other reasonable costs.
The federal FCA and New Jersey’s law prohibit employers from retaliating against employees for filing whistleblower claims. Retaliation refers to any discrimination in the terms or conditions of employment, including:
The laws state that any employers who retaliate are liable for any relief to make the employee whole again, which could include:
If you are victim of any form of retaliation for your whistleblower claim, our New Jersey whistleblower attorneys may be able to pursue a lawsuit to obtain compensation for the damages you have suffered.
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You need skilled legal representation to have the best opportunity to have success with your qui tam lawsuit.
The Lynch Law Firm, PC’s New Jersey whistleblower attorneys are well-versed in state and federal law on whistleblowers and how to apply that knowledge to your claim. We want to bring the perpetrators of government fraud to justice and help you obtain a percentage of the recovered funds.
We understand the risk you have taken and that is why we are committed to providing aggressive representation throughout the legal process.
Schedule your free, no obligation legal consultation today. We can determine if you have a legitimate claim. If you do, we can guide you through the legal process.
Call our New Jersey whistleblower attorneys today. (800) 518-0508
Federal and state laws grant numerous rights and protections to employees. If any of these rights are violated, you may be able to pursue legal action against your employer to recover compensation or another remedy to correct the wrong you suffered.
Hiring a New Jersey labor and employment lawyer could help improve your claim’s chances of success. An experienced attorney will know how to correctly apply state and federal laws to your case to help secure the justice you deserve.
The Lynch Law Firm, PC’s labor and employment lawyers in New Jersey have the legal knowledge and experience to handle a variety of employment law claims. We offer a free, no obligation legal consultation where you can discuss your case and we can determine if it is viable.
Contact The Lynch Law Firm, PC right now to schedule your consultation.
Our New Jersey labor and employment attorneys are prepared to take on a variety of cases, including ones involving:
Call our New Jersey labor and employment lawyers today at (800) 518-0508 .
If your rights have been violated in the workplace, you need strong legal representation to try to help ensure you receive the justice and compensation you deserve.
These are just a few of the ways our New Jersey labor and employment attorneys can help with your case:
When you contact our firm, you are entitled to a free, no obligation legal consultation where you can discuss what happened and we can determine if you have grounds for a claim. Even if our New Jersey labor and employment lawyers determine you have a legitimate claim, it is up to you to decide if you want to move forward.
If you allow our attorneys to pursue your claim, we will begin an in-depth investigation to gather important evidence to help build a strong case, such as:
The lawyers at our firm have detailed knowledge of the laws governing labor and employment law claims, including:
Our focus is to obtain the legal remedy you deserve for the damages you have suffered, which may include:
Fill out a Free Case Evaluation form right now.
Labor and employment claims are based on violations of federal or state laws governing various aspects of the relationships between employers and coworkers. This includes the following laws:
The Fair Labor Standards Act (FLSA) is a federal law that sets the federal minimum wage and rules for overtime pay, recordkeeping and child labor standards for full-time and part-time workers in the private and public sector.
The federal minimum wage is $7.25. However, if a state sets a higher minimum wage, workers are entitled to the higher amount. This is the case in New Jersey, where the minimum wage is $8.44.
The FLSA also states that employees who are entitled to overtime pay must receive it for all hours worked over 40 in a workweek. Employees are entitled to be paid at a rate of one and one-half times the regular rate of pay for each hour of overtime.
However, the FLSA does not require overtime to be paid on weekends, holidays or regular days of rest, unless those are overtime hours.
Most employees are covered by the FLSA, including non-management personnel involved in:
Manual laborers and blue-collar workers who perform repetitive tasks with their hands, using physical skill and energy, are also covered by the FLSA.
There is an exception made for workers who are considered bona fide executive, administrative, professional and outside sales employees, provided they earn no less than $455 per week.
If your employer engages in repeated or willful violations of FLSA rules on minimum wage or overtime, your employer is subject to a civil monetary penalty. The maximum penalty for violations that occurred before Jan. 13, 2017 is $1,894, while the penalty for violations after Jan. 13, 2017 is $1,925.
If you file a claim for willful failure to pay minimum wage or overtime, you may be able to recover twice the amount of unpaid wages you are owed, along with legal fees.
State laws on minimum wage and overtime are similar to the requirements of the FLSA.
For instance, most employees are entitled to at least the state’s minimum wage and nonexempt employees are entitled to overtime when they work in excess of 40 hours in a week.
Certain employees are exempt from this requirement, including:
Overtime pay is also one and one-half times the rate of regular pay. The law does not allow an employee and his or her employer to come to an agreement to not pay overtime.
This law does not apply to employees of the state, county or municipal government or employees of the New Jersey State Board of Education.
New Jersey’s wage and hour laws also require employers to do the following:
If your employer violates any of New Jersey’s regulations on overtime or the minimum wage, you can file a claim to recover all of your unpaid wages. You can also collect liquidated damages, which are intended to compensate you for the delayed payment of wages.
The law allows claimants to recover 100 percent of their unpaid wages as liquidated damages. This means you can recover $1,500 in liquidated damages if your unpaid wages equal $1,500.
New Jersey also allows claimants to recover compensation for reasonable attorneys’ fees.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces numerous laws prohibiting various types of discrimination in the workplace, including:
This law prohibits discrimination based on religion, national origin, sex, race or color. Common examples of discrimination under Title VII could include:
The Equal Pay Act (EPA) prohibits employers from paying different wages to employees of different sexes when those employees perform the same work that requires equal skill, effort and responsibility. The exceptions are situations where pay is different due to:
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers from discriminating based on age for employees who are 40 years old or older. Employers are also prohibited from retaliating against employees who complain about age discrimination.
Age discrimination could include:
This section of the Americans with Disabilities Act (ADA) prohibits discrimination based on an individual’s disability, including retaliation for complaints about disability discrimination.
The law covers several types of disability discrimination, such as:
These are similar to Title I of the ADA, except these sections apply to disability discrimination against an employee of the federal government.
The New Jersey Law Against Discrimination (LAD) prohibits the same forms of discrimination as the different laws enforced by the EEOC. However, New Jersey’s law also prohibits discrimination on the basis of:
This law covers intentional discrimination, such as different treatment or statements that reflect discriminatory bias, and policies or practices that have the effect of discriminating against protected groups.
In order for a policy or practice to be deemed non-discriminatory, the employer must prove that the policy meets a legitimate business need that cannot be served with a measure that does not discriminate.
The federal Family and Medical Leave Act (FMLA) states that eligible employees are entitled to 12 weeks of unpaid, job-protected leave each year.
Employees must meet the following criteria to be eligible for FMLA leave:
Eligible employees can take leave for any of the following reasons:
Employers can infringe on your right to leave in the following ways:
In an FMLA claim, you are prohibited from recovering compensation for emotional distress or punitive damages. However, you are able to recover liquidated damages if your employer is unable to show that it acted in good faith. Liquidated damages are equal to the amount you recover in lost back and front pay.
The New Jersey Family Leave Act (NJFLA) is very similar to the federal version, with many of the same requirements.
However, the employee eligibility criteria are slightly different as employees have to work just 1,000 hours in the prior 12 months to be entitled to take leave under the NJFLA.
Unlike the federal law, the NJFLA includes a parent-in-law under the definition of immediate family. This means you can take leave to care for a mother-in-law or father-in-law with a serious health condition.
However, while the FMLA allows employees to take leave for the treatment of their own health condition, New Jersey’s law does not.
Call our New Jersey labor and employment lawyers right now at (800) 518-0508 .
Every claim for a violation of federal or state labor and employment laws has a statute of limitations. The statute sets a timeframe during which you must file a claim, otherwise you will lose the right to do so, and you will lose your only opportunity to pursue the justice and compensation you deserve.
These are the statutes of limitations for claims under the following laws:
Some laws do not specify a statute of limitations, such as the New Jersey Family Leave Act. That is why you should meet with a New Jersey labor and employment lawyer immediately as it could help ensure your claim is filed before the statute of limitations expires.
Contact our New Jersey labor and employment lawyers right now.
Have you suffered discrimination, retaliation or other employment actions that violate your rights as an employee?
You may be able to file a claim to recover compensation and bring your employer to justice under federal or state law.
The Lynch Law Firm, PC’s New Jersey labor and employment lawyers can review your claim in a free, no obligation legal consultation. If you have a viable claim and decide to proceed, we will begin a comprehensive investigation to try to build a strong case.
Contact our New Jersey labor and employment lawyers right now for a free legal consultation.
While the reason for your termination may seem inappropriate to you, only terminations for certain situations are considered wrongful in the eye of the law. In these situations, legal recourse may be appropriate.
The New Jersey labor and employment lawyers of Lynch Law Firm, PC can help you determine if you have been wrongfully discharged and have a legal case. Learn the legal options available to you by scheduling a free consultation with our legal team.
In New Jersey, employment relationships are considered at-will. This means an employee can be terminated for any reason, at any time, without giving notice or a reason for the action. Likewise, an employee can leave a job at any time, for any reason, without facing consequences.
However, there are two exceptions to this general rule that could allow a termination to be considered wrongful:
Some of these exceptions include:
Title VII of the Civil Rights Act of 1964 prohibits discrimination against individuals based on:
The New Jersey Law Against Discrimination provides additional protection from discrimination in the workplace based on:
Employees cannot be fired for belonging to one of these protected classes. However, it is important to note that this law only protects employees from adverse employment actions made because of their membership in one of these classes. This means an employee can be fired because he or she failed to perform the job correctly, but not because he or she is in a wheelchair.
The New Jersey Conscientious Employee Protection Act (CEPA) protects employees from retaliation or discharge for certain types of conduct or actions. Known as New Jersey’s whistleblower statute, this law is one of the most comprehensive in the nation. It prevents an employer from taking any kind of retaliatory action, including termination, against an employee who:
Additional actions that are protected by New Jersey statute include:
The New Jersey Family Leave Act and the Family and Medical Leave Act of 1993 protect employees from retaliation for pursuing a leave of absence to tend to certain family members and medical situations. Under these acts employees are entitled to un-paid, job-protected leave for any of the following reasons:
A serious health condition is defined as one that requires inpatient care in a hospital, hospice or residential medical facility or continuing medical treatment or supervision from a health care provider.
If you suspect you have been wrongfully terminated, the type of complaint you can file will depend on the circumstances of your situation. If you believe you have a claim, you should contact a trusted labor and employment attorney as soon as possible.
Claims of discrimination can be filed with either the:
Under CEPA, employees who feel they have been fired for filing a whistleblower claim have one year from the incident to file a civil lawsuit, which may enable them to be reinstated with full benefits and to receive full back pay, benefits and reasonable attorneys’ fees.
If you believe you were fired for exercising your rights under the New Jersey Family Leave Act, you must file a complaint with The New Jersey Division on Civil Rights within 180 days of the incident. The agency will investigate your claim to determine if you have a claim.
Contact the U.S. Department of Labor Wage and Hour Division to report violations of the Family and Medical Leave Act of 1993. In general, claims must be filed within two years of the violation.
A complaint must be filed with the Division of Workers’ Compensation of the New Jersey Department of Labor and Workforce Development within two years after an employee experiences retaliation for filing a workers’ compensation claim. You may be able to be reinstated to your previous position and recover payment for lost wages.
New Jersey public employees who feel they have been wrongfully discharged for filing a safety or health complaint can file a discrimination complaint with the Department of Labor and Workforce Development.
Employees of privately owned companies must file a complaint with the U.S. OSHA.
If you suspect your rights have been violated and that you were wrongfully terminated, you should contact a trusted New Jersey labor and employment attorney as soon as possible to discuss your legal options.
There are short deadlines for filing retaliation and discrimination claims, so you must contact an attorney as soon as possible to help ensure your claim is filed within the established deadline. If you miss the deadline, you will not be able to file a claim.
Contact Lynch Law Firm, PC today for a free, no obligation consultation to get started.
Call (800) 518-0508 for help today.
