Subscribe to Our FeedNJ Supreme Court Upholds Whistleblower Protections For ”Watchdog” Employees
Co-Authored By Jeri L. Abrams By a 5-0 decision, the NJ Supreme Court has ruled that all employees, including “watchdog” employees, are entitled to whistleblower protection under the New Jersey Conscientious Employee Protection Act (CEPA). Under a previous Supreme Court decision, some defendant employers successfully argued that an employee cannot claim whistleblower protection if the […]
Can Compliance Officers Be Whistleblowers?
In a decision published yesterday, Lippman v. Ethicon, Inc. and Johnson & Johnson, the Appellate Division held that compliance officers can be whistleblowers. This decision reaches the opposite holding of another published Appellate Division case decided in 2008 – Massarano v. New Jersey Transit. Neither case is binding on the other and Lippman does not […]
New Jersey Supreme Court Clarifies Standards For LAD And CEPA Retaliation Claims
On July 17, 2013 the New Jersey Supreme Court decided Battaglia v. United Parcel Service, A-86/87-11 which clarified the standard for retaliation claims brought under New Jersey Law Against Discrimination (LAD) and the Conscientious Employee Protection Act (CEPA). The LAD prohibits an employer from retaliating against an employee who opposes discrimination. CEPA prohibits retaliation for […]
Posting By Employer Regarding Pending Legal Action Can Violate CEPA
In Flecker v Statue Cruises, LLC, the plaintiff filed an action against his employer alleging violations of the New Jersey Wage and Hour Law. In response, the employer posted a memorandum directed to all employees informing them of the suit. The memo specifically identified plaintiff as the party responsible for filing the suit and advised […]
Ultrasound Technician does not Get Whistle-Blower Protection for Second-Guessing Doctor
Imagine that one day a pregnant woman goes in for a routine ultrasound. During the exam, she tells the technician that some time earlier in the pregnancy she had an issue with substantial vaginal bleeding. She also explains that her doctor instructed her to just rest in bed. Now, imagine that the technician, genuinely alarmed […]
