“CEPA (‘Conscientious Employee Protection Act’) prohibits an employer from retaliating against an employee who engages in protected whistleblower conduct.” (See Stomel v. City of Camden (2007) 192 N.J. 137, 153.)
“Enacted in 1986, CEPA is designed to protect workers who are subjected to retaliation for reporting illegal, unlawful or unethical conduct.” (See Barratt v. Cushman Wakefield (1996) 144 N.J. 120, 127.)
“The statute codified and elaborated on the rule announced in Pierce v. Ortho Pharm. Corp., 84 N.J. 58, 72 (1980), which recognized a tort action by an employee who suffers retaliatory action for refusing to perform an act in violation of a clear mandate of public policy.” (See Maw v. Advanced Clinical Communications, Inc. (2003) 359 N.J. Super. 420, 444.)
“Generally, the purpose of CEPA is to protect and encourage employees to report illegal or unethical workplace activities and to discourage public and private sector employers from engaging in such conduct." (See Maw v. Advanced Clinical Communications, Inc. (2003) 359 N.J. Super. 420, 445.)
“As remedial legislation, CEPA is to be construed liberally.” (See id; Higgins v. Pascack Valley Hosp. (1999) 158 N.J. 404, 420.)
“Nevertheless, a cause of action which provides a remedy for employees who are wrongfully discharged or who suffer other adverse employment consequences for objecting to employer conduct must balance the interests of the employee, the employer and the public.” (See Maw v. Advanced Clinical Communications, Inc.(2003) 359 N.J. Super. 420, 445.)
“To establish a prima facie CEPA claim, a plaintiff must demonstrate:
(See Dwonzar v. McDevitt (2003) 177 N.J. 451, 462; Ayad v. Jersey City, No. A-5153-10T2, at *16 (App. Div. Aug. 10, 2012).)
“We review a grant of summary judgment using the same standard that governs the trial judge's decision.” (See Kalim v. Urban Outfitters, Inc., No. A-4811-18, at *10 (App. Div. Mar. 4, 2021).)
“Under that standard, summary judgment will be granted when the competent evidential materials submitted by the parties, viewed in the light most favorable to the non-moving party, show that there are no genuine issues of material fact and that the moving party is entitled to summary judgment as a matter of law." (See id.)
"An issue of material fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue to the trier of fact.” (See id.)
“We owe no special deference to the motion judge's legal analysis.” (See id.)
It is well settled that “CEPA prohibits an employer from taking ‘retaliatory action’ against an employee for protected whistleblower conduct. Retaliatory action is defined as the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.” (See Comet Mgmt. Co. v. Wooten, No. A-1892-17T1, at *21 (App. Div. Feb. 25, 2020).)
It is also well settled that “whistle-blowing activity includes an employee's disclosure"to a supervisor or to a public body of, or his objection to or refusal to participate in, any activity, policy or practice which the employee reasonably believes . . . is in violation of a law, or a rule or regulation or is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment." (See Ayad v. Jersey City, No. A-5153-10T2, at *16 (App. Div. Aug. 10, 2012).)
Jul 02, 2024
Active
Camden County
Camden County, NJ
Jun 26, 2024
Active
Hon. L Grace Spencer
Essex County
Essex County, NJ
Jun 20, 2024
Active
Essex County
Essex County, NJ
Jun 17, 2024
Active
Hon. Benjamin S Bucca
Middlesex County
Middlesex County, NJ
Jun 07, 2024
Active
Atlantic County
Atlantic County, NJ
Jun 05, 2024
Active
Camden County
Camden County, NJ
Jun 05, 2024
Active
Cape May County
Cape May County, NJ
Jun 03, 2024
Active
Morris County
Morris County, NJ
May 30, 2024
Active
Hon. William C Soukas
Bergen County
Bergen County, NJ
May 30, 2024
Active
Morris County
Morris County, NJ
May 24, 2024
Active
Middlesex County
Middlesex County, NJ
May 23, 2024
Active
Monmouth County
Monmouth County, NJ
May 23, 2024
Active
Mercer County
Mercer County, NJ
May 22, 2024
Active
Burlington County
Burlington County, NJ
May 22, 2024
Active
Ocean County
Ocean County, NJ
May 21, 2024
Active
Hon. Cynthia D Santomauro C
Essex County
Essex County, NJ
May 20, 2024
Active
Hon. Stephan C Hansbury
Morris County
Morris County, NJ
May 17, 2024
Active
Hon. R Brian Mclaughlin
Mercer County
Mercer County, NJ
May 13, 2024
Active
Middlesex County
Middlesex County, NJ
May 10, 2024
Active
Morris County
Morris County, NJ
May 06, 2024
Active
Gloucester County
Gloucester County, NJ
May 01, 2024
Active
Hon. Susanne Lavelle
Hudson County
Hudson County, NJ
Apr 30, 2024
Active
Passaic County
Passaic County, NJ
Apr 25, 2024
Active
Hon. Christoph Rafano
Middlesex County
Middlesex County, NJ
Apr 18, 2024
Active
Hon. Benjamin S Bucca
Middlesex County
Middlesex County, NJ
Apr 15, 2024
Active
Hon. L Grace Spencer
Essex County
Essex County, NJ
Apr 11, 2024
Active
Hon. Damian V Santomauro D
Essex County
Essex County, NJ
Mar 22, 2024
Active
Hon. Jane L Weiner
Hudson County
Hudson County, NJ
Mar 21, 2024
Active
Hon. Mara Zazzali-Hogan
Monmouth County
Monmouth County, NJ
Mar 20, 2024
Active
Hon. Nicholas Ostuni
Bergen County
Bergen County, NJ
Mar 18, 2024
Active
Atlantic County
Atlantic County, NJ
Mar 08, 2024
Active
Union County
Union County, NJ
Mar 05, 2024
Active
Hon. John M Deitch
Union County
Union County, NJ
Mar 05, 2024
Active
Hon. R Brian Mclaughlin
Mercer County
Mercer County, NJ
Mar 04, 2024
Active
Somerset County
Somerset County, NJ
Feb 29, 2024
Active
Camden County
Camden County, NJ
Feb 27, 2024
Active
Hudson County
Hudson County, NJ
Feb 13, 2024
Active
Hon. MCLAUGHLIN, R
Mercer County
Mercer County, NJ
Feb 12, 2024
Active
Morris County
Morris County, NJ
Feb 08, 2024
Active
Gloucester County
Gloucester County, NJ
Feb 07, 2024
Active
Sussex County
Sussex County, NJ
Feb 07, 2024
Active
Atlantic County
Atlantic County, NJ
Feb 07, 2024
Active
Atlantic County
Atlantic County, NJ
Feb 05, 2024
Active
Burlington County
Burlington County, NJ
Feb 02, 2024
Active
Atlantic County
Atlantic County, NJ
Feb 01, 2024
Dismissal
Atlantic County
Atlantic County, NJ
Feb 01, 2024
Active
Somerset County
Somerset County, NJ
Jan 29, 2024
Active
Middlesex County
Middlesex County, NJ
Jan 26, 2024
Active
Gloucester County
Gloucester County, NJ
Jan 26, 2024
Active
Hon. Anthony V Delia
Hudson County
Hudson County, NJ
Jan 17, 2024
Active
Essex County
Essex County, NJ
Jan 16, 2024
Active
Middlesex County
Middlesex County, NJ
Jan 16, 2024
Active
Monmouth County
Monmouth County, NJ
Jan 15, 2024
Active
Hon. Christoph Rafano
Middlesex County
Middlesex County, NJ
Jan 12, 2024
Active
Bergen County
Bergen County, NJ
Jan 11, 2024
Dismissal
Middlesex County
Middlesex County, NJ
Jan 09, 2024
Active
Camden County
Camden County, NJ
Jan 08, 2024
Active
Mercer County
Mercer County, NJ
Jan 08, 2024
Active
Hon. Cynthia D Santomauro
Essex County
Essex County, NJ
Dec 29, 2023
Active
Hon. Cynthia D Santomauro
Essex County
Essex County, NJ
Dec 29, 2023
Active
Cumberland County
Cumberland County, NJ
Dec 28, 2023
Active
Hon. J R Corman
Middlesex County
Middlesex County, NJ
Dec 20, 2023
Active
Camden County
Camden County, NJ
Dec 20, 2023
Active
Hon. Kimberly Espinales-Maloney
Hudson County
Hudson County, NJ
Dec 13, 2023
Active
Essex County
Essex County, NJ
Dec 12, 2023
Active
Hon. R Brian Mclaughlin
Mercer County
Mercer County, NJ
Dec 12, 2023
Active
Hon. Nicholas Ostuni
Bergen County
Bergen County, NJ
Dec 11, 2023
Active
Burlington County
Burlington County, NJ
Dec 08, 2023
Active
Hon. Jane L Weiner
Hudson County
Hudson County, NJ
Nov 30, 2023
Active
Hudson County
Hudson County, NJ
Nov 21, 2023
Active
Gloucester County
Gloucester County, NJ
Nov 21, 2023
Active
Hon. Benjamin S Bucca
Middlesex County
Middlesex County, NJ
Nov 15, 2023
Active
Bergen County
Bergen County, NJ
Nov 14, 2023
Active
Hon. R Brian Mclaughlin
Mercer County
Mercer County, NJ
Nov 14, 2023
Active
Burlington County
Burlington County, NJ
Nov 08, 2023
Active
Burlington County
Burlington County, NJ
Nov 02, 2023
Active
Essex County
Essex County, NJ
Nov 01, 2023
Active
Monmouth County
Monmouth County, NJ
Nov 01, 2023
Active
Morris County
Morris County, NJ
Oct 31, 2023
Active
Hon. John D Odwyer
Bergen County
Bergen County, NJ
Oct 30, 2023
Active
Passaic County
Passaic County, NJ
Oct 30, 2023
Active
Gloucester County
Gloucester County, NJ
Oct 27, 2023
Active
Burlington County
Burlington County, NJ
Oct 27, 2023
Active
Morris County
Morris County, NJ
Oct 27, 2023
Active
Essex County
Essex County, NJ
Oct 25, 2023
Active
Union County
Union County, NJ
Oct 23, 2023
Active
Atlantic County
Atlantic County, NJ
Oct 18, 2023
Active
Union County
Union County, NJ
Oct 17, 2023
Active
Camden County
Camden County, NJ
Oct 17, 2023
Active
Hon. R Brian Mclaughlin
Mercer County
Mercer County, NJ
Oct 13, 2023
Active
Essex County
Essex County, NJ
Oct 12, 2023
Active
Monmouth County
Monmouth County, NJ
Oct 11, 2023
Active
Hon. Niki Arbittier
Cumberland County
Cumberland County, NJ
Oct 10, 2023
Active
Mercer County
Mercer County, NJ
Oct 05, 2023
Active
Bergen County
Bergen County, NJ
Oct 02, 2023
Reinstated
Atlantic County
Atlantic County, NJ
Oct 02, 2023
Active
Gloucester County
Gloucester County, NJ
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