SAFEGUARDS; Every member of an organization, from the CEO on down, is accountable for upholding the company’s code of ethics. It doesn’t matter if a company has five workers or five hundred; they always run the risk of hiring a bad apple.
When employees report wrongdoing to their superiors, they are sometimes met with retaliation. When it comes to fighting workplace corruption and malfeasance, whistleblowers play a crucial role. They safeguard a company’s honor and good name by blowing the whistle on any misconduct or misbehavior they encounter.
Moreover, suppliers and consumers prefer to do business with organizations with a solid reputation for upholding ethical standards. When employees whistle on misconduct within the firm, they risk being ostracised, threatened, demoted, or even fired. Management and upper-level executives often fail to recognize the importance of whistleblowing.
Whistleblowers are sometimes subject to reprisal from their coworkers or employers after blowing the whistle on wrongdoing. Employees can face retaliation in many forms, including but not limited to dismissal, demotion, negative performance reviews, loss of job responsibilities, and social isolation. Harassment from superiors, peers, or others is another kind of retaliation. To learn more, click here.
Companies that retaliate against their employees risk facing severe penalties from government agencies for breaking equal opportunity and anti-fraud and anti-corruption legislation. The Conscientious Employee Protection Act safeguards those who speak up about wrongdoing in the Garden State (CEPA) workplace. The following actions by employees are protected from retaliation under this law:
- Complaining, reporting, or releasing information to a supervisor or public authority about illegal acts by their employer or violations of safety or security requirements is known as “reporting.”
- An employee may file a claim in court, in arbitration, or an administrative proceeding against their company.
- It is illegal to retaliate against an employee who testifies in a judicial action regarding their employer’s wrongdoing.
- Employees are free to object to and opt out of any practice they deem unethical or damaging.
You (and your lawyer) will need to prove the following for you to be eligible for whistleblower protection under the CEPA:
- You experienced discrimination in the form of termination, demotion, punishment, harassment, or other adverse treatment because you participated in a legally protected activity.
- Your employer knew that what you did qualify as protected whistleblower activities.
- Because you spoke out about wrongdoing, you faced retaliation.
- You had a reasonable basis for thinking your employer was breaking the law in their actions.
- Proving whistleblower retaliation is a significant ordeal. Consultation with an attorney about filing a
- whistleblower claim is essential.
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