| Description |
Discusses the federal sources of law that provide protection to whistleblowers in the workplace in New Jersey and New York. Until 1980, the law of New Jersey recognized an employer's unfettered right to terminate at-will employees for any legitimate, nondiscriminatory reason or for no reason at all. Courts have limited the common law protection to those employees who report workplace impropriety to an outside pubic authority. Thus, attempting to correct a workplace violation solely by bringing it to the attention of one's own supervisors will not entitle the New Jersey employee to common law protection. The Conscientious Employee Protection Act provides protection to employees for a broad range of whistleblowing activities. The CEPA applies to virtually the entire New Jersey work force. It protects individuals employed in the private sector as well as those employed by state or local governments, both union and nonunion. The CEPA originally limited protection to employees who objected to misconduct taking place within their own company and did not encompass retaliation against the reporting of illegal activity taking place at another company. An aggrieved employee may commence a civil action for a violation of several provisions. (Abstract from Laredo College) |