Total Articles: 7
New Jersey Court: Employee Need Not Prove Constructive Discharge to Recover under Whistleblower Law
The New Jersey Conscientious Employee Protection Act, long-considered one of the most broad-based whistleblower protection legislation in the United States, has been further expanded by the New Jersey Supreme Court’s holding that a CEPA plaintiff may recover lost wages without proving, or even alleging, a constructive discharge.
Disagreement with Internal Policy or Procedure Does Not Give Rise to CEPA Claim.
In a second CEPA case, the Appellate Division held that the plaintiff’s repeated complaints about internal management decisions do not give rise to a viable claim under the Act.
CEPA Does Not Protect an Employee’s Inappropriate Conduct.
Here, the Appellate Division held that New Jersey’s Conscientious Employee Protection Act (CEPA) does not protect an employee’s inappropriate conduct.
N.J. Supreme Court Expands Whistleblower Law's Coverage.
The New Jersey Supreme Court recently issued two opinions expanding the class of workers entitled to protection under the Conscientious Employee Protection Act ("CEPA"), N.J.S.A. 34:19-1 to -8, also known as New Jersey's "Whistleblower" statute. In D'Annunzio v. Prudential Insurance Co., A-119-05 (July 25, 2007) and Stomel v. City of Camden, A-45/46-06 (July 25, 2007), the Court found that workers hired as independent contractors may be entitled to CEPA's protections.
Worker's Whistleblowing Claim May Proceed (pdf).
New Jersey Supreme Court finds that transfer followed complaints.
NJ Whistleblower Statute: Recent Developments.
New Jersey courts continue to broadly interpret the
protections of the State’s Conscientious Employee
Protection Act. In line with an Appellate Division
decision earlier this year holding that an independent
contractor may be an “employee” under the Act
(D’Annunzio v. Prudential Ins. Co., reported in our
April 2006 edition, Vol. 26, No. 2), a recent New Jersey
Supreme Court decision holds that a shareholder-director
of a professional association may be considered an
“employee” for CEPA purposes. Feldman v. Hunterdon
Radiological Ass’n. CEPA defi nes an employee as
“any individual who performs services for and under
the control and direction of an employer for wages or
other remuneration.”
NJ Court Extends Whistleblower Protection to Certain Contract Workers (pdf).
The Appellate Division of the Superior Court of New
Jersey has held that contract workers may be entitled to
the protection afforded regular employees under New
Jersey’s whistleblower statute—the Conscientious
Employee Protection Act (“CEPA”)
