by Sandro Polledri, Esq., Genova, Burns & Vernoia
The New Jersey Supreme Court has described the state’s Conscientious Employee Protection Act (CEPA) as “the most far reaching ‘whistle-blower statute’ in the nation.”
Since 1986, CEPA had made it illegal for New Jersey employers to retaliate against any employee who discloses the employer’s illegal conduct, provides evidence about such conduct, or simply objects to conduct that the employee reasonably believes is illegal.
Regarding that last point, a recent New Jersey Supreme Court case shows that employees don’t have to prove their employer committed an actual violation or incompatibility with a statute, rule or mandate of public policy. Instead, it is enough for an employee to show that he or she had an “objectively reasonable belief” that such a violation or incompatibility existed.
Case in point
Angelo Maimone worked as a detective in the Atlantic City Police ...(register to read more)
- When push comes to shove, no retaliation unless protected right was violated first
- State may trump your CBA on family leave.
- Insubordination always a legitimate reason to fire
- Justify decisions to thwart retaliation bait & switch
- Counter retaliation claims by tracking PHRC and EEOC filings, internal complaints