Question
The New Jersey CEPA has a broad protection plan that effectively balances the needs and rights of employers, employees, and the state. New Jersey is
The New Jersey CEPA has a broad protection plan that effectively balances the needs and rights of employers, employees, and the state. "New Jersey is one of the broadest-reaching whistleblower laws in the country, providing coverage for more whistleblower action than almost any other state." (Pappas, 2016) New Jersey CEPA provides coverage for more whistleblowers' actions than any other state. According to Pappas, "the statute also states that protection against retaliation does not apply unless the employee has brought the activity, policy or practice to the attention of his/her supervisor by written notice and given the employer reasonable opportunity to make corrections." (2016,p1) Employers are given the chance to redeem their poor business activities, "The protection against retaliatory action provided by this act pertaining to disclosure to a public body shall not apply to an employee who makes a disclosure to a public body unless the employee has brought the activity, policy or practice in violation of a law, or a rule or regulation promulgated pursuant to law to the attention of a supervisor of the employee by written notice and has afforded the employer a reasonable opportunity to correct the activity, policy or practice." (NJ ST 34:19-4) This will allow employers to right their wrongs and correct their practice to prevent a full whistleblower case. In the case of,Fleming v. Corr. Healthcare Sols., Inc., an employee brought an action against employer and supervisors, alleging her termination violated the CEPA. "That analysis should apply here. The holdings below that allow firing for insubordination when a whistle-blowing employee sidesteps an involved supervisor contradict the express language of CEPA and its broad remedial purpose. Fleming's act of communicating her complaints to Miers involved protected conduct as a matter of law."Fleming v. Corr. Healthcare Sols., Inc., 164 N.J. 90, 99, 751 A.2d 1035, 1040 (2000). Whistleblowing policies are not a source that faces issues of other whistleblowers. The policies must be transparently communicated to employers and employees to ensure a safe and proper work environment.
While considering how harsh whistleblowing is to an employer or employer it has its basic foundation that will help the company grow on the right path of becoming an ethical organization. "Whistleblowers claiming retaliation under CEPA don't have to prove that the employer violated a law or regulation just that they reasonably believe a violation occurred." (Pappas, 2016) There are still many valuable reasons to report a violation that seems suspicious of the business normal practices. "Whistleblowing brings with it a lot of attention to both the whistleblower and the organization. Then there are the legal testimonies, media interviews, and investigations that can harm the employability of the whistleblower." (Institute, 2020) One would say whistleblowing is a negative trait for an employee or organization has but this helps the public know that a business was performing malpractice and is now improving its policies.
References
NJ ST 34:19-4
Fleming v. Corr. Healthcare Sols., Inc., 164 N.J. 90, 99, 751 A.2d 1035, 1040 (2000)
Institute, C. (2020, June 9).Whistleblower policy - learn about the pros and cons of whistleblowing. Corporate Finance Institute. https://corporatefinanceinstitute.com/resources/knowledge/other/whistleblower-policy/.
Pappas, L. (2016, July 25). New Jersey's 'Pro-employee' Whistleblower Act. New Jersey Business Magazine.https://njbmagazine.com/njb-news-now/new-jerseys-pro-employee-whistleblower-act/.
Critical comment on a text above in 300 words.
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