Pennsylvania and New Jersey draw the line differently on what counts as a whistleblower report. In Pennsylvania, telling your supervisor you think something is illegal doesn’t necessarily protect you. In New Jersey, under the Conscientious Employee Protection Act (CEPA), the definition of a report is much broader, and can include simply refusing to go along with unlawful conduct.
Whistleblower Report Tool
Does Your Report Count?
Pennsylvania and New Jersey draw the line differently on what counts as a whistleblower report. Select your state and what you did to see, in general terms, where that leaves you.
This tool gives general information based on Kaminsky Law’s discussion of Pennsylvania and New Jersey whistleblower report rules. It is not legal advice and does not create an attorney-client relationship. Every situation is different.
What Is a Whistleblower?
A whistleblower isn’t limited to someone in a specialized role, like working for the federal government or the CIA. Any employee can be a whistleblower on an organization doing anything illegal, including fraud. The conduct doesn’t need to be as serious as violence, assault, or conspiracy to be illegal and to be cause for a claim.
Generally speaking, to be considered a whistleblower as the term is commonly understood, you have to actually make a report, usually written, sometimes oral, to some governmental body. Posting about wrongdoing on social media doesn’t count as making that report, and that’s likely true in both states.
Whistleblower law is specific to each state, and separately to federal law. What follows describes Pennsylvania and New Jersey specifically.
What Counts as a Report: Pennsylvania vs. New Jersey
In Pennsylvania
If you report what you believe is unlawful or illegal activity to your supervisor, you don’t necessarily get whistleblower protections. In some cases you would, but reporting to a supervisor alone doesn’t guarantee it.
In New Jersey, Under CEPA
New Jersey is different. Under CEPA, the definition of what counts as a report is broad enough, as the phrase goes, to drive a truck through.
Refusing to participate in unlawful conduct counts as a report. Telling your boss, “I’m not doing that, I think that’s illegal,” is enough. You don’t need to go to the CEO either: telling your immediate supervisor or manager that you think what you’re doing is illegal counts as a report.
Sending an email or text message to your supervisor or manager stating you’re not doing something you believe is illegal also counts as a report for CEPA purposes. CEPA’s definition of a report is described as very, very all-encompassing.
The “refuse to participate” protection is a significant hook in New Jersey law. It doesn’t exist in Pennsylvania, and it’s unclear where, if anywhere, else it exists.
Should You Make a Verbal or Written Report?
Verbal reports alone create a real risk: without documentation, it becomes a “he said, she said” problem. An email or text message is stronger evidence that a report was actually made.
That documentation matters because, to bring a CEPA claim, the report has to be provable. The best practice, even when a refusal alone would legally count, is still making some sort of noise rather than relying on a silent, undocumented refusal.
Whistleblower Report FAQ
What is a whistleblower?
A whistleblower isn’t limited to someone in a specialized role like the federal government or the CIA. Any employee can be a whistleblower on an organization doing anything illegal, including fraud, and the conduct doesn’t need to be as serious as violence or conspiracy to count.
Does posting about wrongdoing on social media make you a whistleblower?
No. Generally, to be considered a whistleblower, you have to make an actual report, usually written, sometimes oral, to a governmental body. Posting about wrongdoing on social media, for example on Facebook, doesn’t count as making that report, and that’s likely true in both Pennsylvania and New Jersey.
Does reporting to your supervisor protect you as a whistleblower in Pennsylvania?
Not necessarily. In Pennsylvania, reporting what you believe is unlawful or illegal activity to your supervisor doesn’t automatically get you whistleblower protections. In some cases it would, but reporting to a supervisor alone isn’t guaranteed to be enough.
What counts as a report under New Jersey’s CEPA?
New Jersey’s CEPA defines a report broadly. Refusing to participate in unlawful conduct counts, so does telling your immediate supervisor or manager, not necessarily the CEO, that you believe what you’re doing is illegal. An email or text message saying you won’t do something you believe is illegal also counts as a report.
Should I make a verbal or written whistleblower report?
A written report, like an email or text message, is stronger than a verbal one, since a verbal-only report can become a “he said, she said” problem. To bring a CEPA claim, you’ll need to prove you made a report, so the best practice is documenting it rather than relying on a silent refusal.
Talk to Kaminsky Law
Whether a report you made, or are about to make, actually counts as protected whistleblowing depends on which state’s law applies and exactly how you documented it. Kaminsky Law can help you sort through what you have and what you might still need.
Related Reading
- New Jersey CEPA Whistleblower Protection
- At-Will Employment in Pennsylvania: What It Really Means
- Is My Non-Compete Agreement Enforceable?
This article is general information based on a recorded discussion. It is not legal advice and does not create an attorney client relationship. Every case is different. Prior results do not guarantee a similar outcome. For advice about your situation, contact Kaminsky Law directly.
