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Home > State Law Articles > New Jersey > Whistle Blowers (NJ)

Articles Discussing Workplace Whistleblower Protections In New Jersey.

New Jersey Court Rules Complaints Concerning COVID-19 Measures May Be Protected Whistleblower Activity (January 8, 2021)

January 11, 2021 | Goldberg Segalla Filed Under: Whistle Blowers (NJ)

On November 2, 2020, the New Jersey Superior Court of Essex County in Loeb v. Vantage Custom Classics Inc., ruled that a plaintiff could proceed with a lawsuit against his former employer under the New Jersey Conscientious Employee Protection Act (CEPA), for his alleged termination in retaliation for expressing concerns about worker safety and seeking to implement various COVID-19-related safety protocols and measures.

Does New Jersey’s Conscientious “Everyone” Protection Act Trump the NLRB’s Exclusive Jurisdiction? State Supreme Court says “Yes”

August 17, 2016 | Ford Harrison Filed Under: Whistle Blowers (NJ)

Executive Summary: Just when employers thought New Jersey’s Supreme Court could not expand the state’s whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has been broadened. Now the Court has held that an employee governed by a collective bargaining agreement (CBA) and allegedly terminated in retaliation for engaging in protected activity concerning wages regulated by the CBA may bring a CEPA claim in New Jersey state court —rather than pursue the same claim for relief before the National Labor Relations Board. In so doing, the Court’s decision erases any doubt CEPA likely is the most far-reaching whistleblowing statute in the U.S.

NEW JERSEY SUPREME COURT ADDRESSES CRIMINAL LIABILITY OF WHISTLEBLOWERS

August 25, 2015 | Jackson Lewis Filed Under: Whistle Blowers (NJ)

Jackson Lewis

When the Supreme Court of New Jersey held in Quinlan v. Curtiss-Wright Corp., 204 N.J. 239 (2010) that an employee’s unauthorized taking of an employer’s confidential documents can constitute protected activity when the documents are used in support of a discrimination claim. it left several vexing questions unanswered. In particular, the Court did not explain how it would reconcile this controversial decision with instances where an employee’s taking of documents constituted a violation of law.

New Jersey Supreme Court Rejects Heightened Standard For “Watchdog” Whistleblowers

August 7, 2015 | Jackson Lewis Filed Under: Whistle Blowers (NJ)

Jackson Lewis

In a decision that is likely to have far-reaching impact on employers, the New Jersey Supreme Court has rejected a heightened standard for “watchdog” employees, i.e. employees whose job duties include ensuring legal compliance, to prove whistleblower liability under the New Jersey Conscientious Employee Protection Act (CEPA). Lippman v. Ethicon, Inc., No. A-65/66-13 (July 15, 2015).

New Jersey Rejects Heightened Bar for Whistleblower Claims by ‘Watchdog’ Employees

July 22, 2015 | Jackson Lewis Filed Under: Whistle Blowers (NJ)

Jackson Lewis

In a unanimous decision, the New Jersey Supreme Court has refused to raise the bar for employees whose job entails ensuring legal compliance (“watchdog” employees) to bring whistleblower claims under the New Jersey Conscientious Employee Protection Act (CEPA). Lippman v. Ethicon, Inc., No. A-65/66-13 (July 15, 2015).

New Jersey Supreme Court to Decide Whether ‘Watchdog’ Whistleblower Can Claim Retaliatory Discharge

March 21, 2014 | Jackson Lewis Filed Under: Whistle Blowers (NJ)

Jackson Lewis

The New Jersey Supreme Court will review a terminated company executive’s whistleblower claim to determine whether in allegedly raising concerns about the safety and efficacy of his employer’s products, he would be protected from firing by the state’s Conscientious Employee Protection Act (“CEPA”), even though voicing such concerns was part of his job. Lippman v. Ethicon Inc. et al., No. A-65/66-13 (certification granted Mar. 14, 2014).

New Jersey Court: Employee Need Not Prove Constructive Discharge to Recover under Whistleblower Law

July 7, 2011 | Jackson Lewis Filed Under: Whistle Blowers (NJ)

Jackson Lewis

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.

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