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CEPA Statute Retaliation, Whistleblowers And First Amendment

Representing Delaware Clients Involved In Whistleblower Retaliation And Wrongful Termination Cases

Under Delaware state labor laws and federal laws, employees are encouraged to report illegal or unethical behavior by their employers. These laws protect whistleblowers from employer retaliation and wrongful termination. The law firm of Martin D. Haverly, Attorney at Law, has represented the individual interests of employees in Delaware for more than 19 years. We provide strong advocacy when the stakes are high.

Whistleblower Laws And Statutes

If you stood up and notified authorities of unlawful conduct at your place of work, you are likely worried about the consequences. Will you lose your job? How will you support yourself or your family? Our skilled lawyers will help you answer these questions and make sure your rights as an employer are protected. We work for workers who reported or spoke up against violations involving:

Our team understands the applicable laws and can help you pursue options for relief under these provisions.

The CEPA statute (Conscientious Employee Protection Act) protects workers who protest or object to illegal employer action. CEPA provides legal authority for employees to seek recourse if they experience retaliation or are wrongfully fired. We have also brought claims under the Delaware Whistleblowers' Protection Act and the Delaware Workers' Compensation Retaliation Statute.

Other laws and statutes, such as the Pierce Doctrine, the False Claims Act and the Sarbanes Oxley Act, provide additional sources of protection for those who file workers' compensation claims, and federal workers and employees who disclose illegal accounting conduct.

First Amendment Retaliation

The First Amendment of the U.S. Constitution provides freedom from the government curtailing speech. Retaliation for exercising your rights violates the constitution. If, in an employment setting, you speak up on a matter of public concern, for example, you can seek legal recourse for any retaliation you experience. There are exceptions to those who can obtain relief under a First Amendment retaliation claim. We will evaluate your situation and help determine what steps to take.

Whatever the situation of your whistleblower case, our Wilmington employment law attorneys are here to provide effective and aggressive legal counsel.

Contact Our Firm For Questions Involving Whistleblowers Or Retaliation

At Martin D. Haverly, Attorney at Law, our team is here to support you. Contact us at 302-529-0121 to arrange an in-person meeting. Our office is conveniently located in the suburbs just outside the city of Wilmington.

View Cases

  • Sheridan v. E. I. DuPont de Nemours & Co., 100 F.3d 1061 (3rd Cir. 1996) (en banc) (Plaintiff's jury verdict and the "pretext only" paradigm for proof of intentional discrimination established).
  • Hawkins v. Division of State Police, et al., C.A. No. 99-297-SLR (Religious discrimination case which successfully obtained an offer of judgment and caused the State to stop using the MMPI-1.
  • Miller v. Daimler Chrysler Corp., C. A. No. 01-827-JJF (D.Del. 2003) (Race Discrimination claim survived Motion for Summary Judgment).
  • Panaro v. J.C. Penny, Inc., C.A. 01C-02-010 JOH, 2002 WL 130692 (Del. Super. 2002)(In a personal injury case, admission into evidence of direct examination of deceased deponent/plaintiff does not.
  • Price, et al. v. L. Aaron Chaffinch, et al., C.A. No. 04-956-GMS, 2006 WL 1313178 (D.Del. 2006) (First Amendment Retaliation, Petitions Clause and Defamation Claims survived Motion for Summary Judgment).
  • Reyes v. Freebery, 141 Fed. Appx. 49 (3d Cir. 2005) (per curiam) remanding to District Court to explain its restrictions on the public's right to access to judicial records and counsel's First Amendment.
  • Underwood v. Sear Roebuck and Co., 343 F.Supp.2d 259 (D.Del. 2004) (Gender discrimination claim survived Motion for Summary Judgment).
  • Shotzberger v. State of Delaware Dept. Of Correction, 2004 WL 758354 (D.Del. Jan. 30, 2004) (Gender discrimination claim survived Motion for Summary Judgement).
  • Stull v. Thomas S. Neuberger, P.A., 2003 WL 21481016 (Del. Super. Febr. 28, 2003) (Effect of Delaware accord and satisfaction law on a contract for legal services).
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