When an employee raises concerns about illegal activities, employers should avoid immediately removing their responsibilities or isolating them, as this creates a strong perception of retaliation under employment laws like CEPA, even if the employer believes the employee is incorrect; larger companies can better manage this through departmental compartmentalization, while smaller companies where employees report directly to the CEO must exercise extra caution in their immediate reactions.
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The Retaliation Trap Employers Fall IntoHinzugefügt:
As an employer, what you're going to have the um, you know, the in inclination to do is, well, this employee doesn't know what they're talking about. Let's just have them do something else. Or let's, you know, let's wall them off from this process. And I think that almost immediately gives this um, you know, this perception of retaliation. Well, I used to do this billing and now I told them that I didn't think we were doing it properly and they immediately took it away from me. So, that's almost creates a whole career away. Right. And so, as an employer, you really want to be um, careful about your immediate reaction.
And again, it's a lot easier for a bigger company because they're so compartmentalized and they have some different departments and we could talk about what a better bigger company can do differently than from a smaller company. But from a smaller company, you know, usually the person that's reporting is reporting to the CEO because there's not much of a hierarchy.
And so, as the CEO, you got to like, you know, not have this visceral reaction right away.
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