The New Jersey Conscientious Protection Act (CEPA) provides protection for employees who disclose employer conduct reasonably believed to be unlawful. The law protects those individuals providing testimony or information to a public body investigating misconduct, or object to or refuse to participate in an act reasonably believed to be illegal or against public policy. The whistleblower is required to demonstrate a reasonable belief that a statute, rule, regulation or a clearly mandated public policy regarding public safety, health, or welfare will be violated by the conduct in question. The law further requires an employee to perform a whistleblowing activity, including providing the employer with notice of the violation, and a reasonable opportunity to correct the conduct. Providing notice is not always required if there is a reasonable certainty that the employee fears harm or if that a supervisor knows of the illegal conduct. The New Jersey legislature amended the state's whistleblower and now requires employers with more than 10 employees to provide an annual written or electronic notice of rights and obligations under the Act. The annual notice requirement under CEPA is in addition to the statute's prior requirements regarding notice. The amendment was effective immediately upon passage on September 14, 2004.
