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Total Articles: 3

Legal Alert: New Jersey Supreme Court Eases Employee Retaliation Claims

Executive Summary: Right after the U.S. Supreme Court issued decisions favoring employers in a variety of employee lawsuits based on federal statutes, including retaliation under Title VII, the New Jersey Supreme Court has moved that state in the opposite direction under its corresponding statutes, in Battaglia v. United Parcel Service, Inc., No.A-86/87-11 (N.J. Supreme Court, July 17, 2013). Employers who do business in New Jersey should take note.

Missed This New Jersey MDV the First Time Around

I was in Lubbock yesterday talking to their SHRM chapter about retaliation and the dangers of those cases, along with its first cousin whistleblowing, and this headline did nothing to change my mind. Former Warren Township prosecutor awarded $1.26M for whistleblower complaint.

Post-Termination Conduct May Give Rise To LAD Retaliation Claim, Extend Statute Of Limitations.

In a decision that could have far-reaching effects on LAD litigation, the Appellate Division has ruled that actions taken by an employer post-termination can constitute actionable retaliation as part of a continuing violation, even if they are unrelated to the workplace. In this particular case, the post-termination act in question was to cancel Plaintiff’s health insurance, retroactive to a date prior to his termination.
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