Just because someone was fired after complaining to an employer or reporting actions to an outside agency doesn’t make the employee a protected whistleblower. To make a claim under CEPA, the employee must establish the following:

• They objected to or refused to participate in an activity, policy, or practice that they believed violated the law, public policy, or was fraudulent or criminal.
• They “blew the whistle” by disclosing or threatening to disclose the violation to a supervisor or public body or by providing information or testifying before a public body conducting an investigation, hearing, or inquiry into the violation.
• An adverse employment action—such as termination or demotion—was taken against them.
• There is a causal connection between the whistleblowing activity and the adverse employment action. In other words, it is clear that the worker was fired because of their complaint.

If the employee’s complaint is about actions that were primarily breaches of contract or violations of company policy and not a violation of the law, it is not a CEPA violation. Likewise, if you have documentation showing the legal reasons for the employee’s termination, you can refute the causal connection argument.