Whistleblower Claim Predicated on ANA Code of Ethics, "Patient Bill of Rights", and Employee Handbook, Rejected

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A newly published decision of the New Jersey Appellate Division, Hitesman v. Bridgeway Inc. (Espinosa, J.A.D.), delivered a welcome decision for employers doing business in the health care industry by carefully scrutinizing a claim by a licensed health-care professional under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, that he could get to a jury based on “whistleblower activity” with a nursing code of ethics, employer handbook, and patient bill of rights as the source.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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