Retaliation Conscientious Employee Protection Act

News & Analysis as of

Whistleblower Must Identify the Law, Rule, or Regulation Violated by the Employer Prior to the Summary Judgment Stage, District...

The U.S. District Court of New Jersey recently reaffirmed that under New Jersey’s whistleblower law, the Conscientious Employee Protection Act (CEPA), a plaintiff asserting that her employer’s conduct is incompatible with a...more

New Jersey Court Affirms $192,000 Fee Award Against Whistleblower Plaintiff

Earlier this week, employers in the Garden State saw another glimmer of hope for defending against frivolous claims brought under New Jersey’s whistleblower statute, the Conscientious Employee Protection Act (“CEPA”),...more

New Jersey's Conscientious "Everyone" Protection Act? State Supreme Court says "Yes"

As we previously forecast and employers feared, New Jersey's Supreme Court has dramatically expanded the state's whistleblower law, the Conscientious Employee Protection Act or "CEPA." In doing so, the Court held that...more

NJ Whistleblowers May Face Criminal Charges for Theft of Company Documents

The Supreme Court of New Jersey affirms an employee’s indictment for taking an employer’s confidential documents without authorization, allegedly to support discrimination and retaliation claims. In a decision issued on...more

CEPA Roundup

In recent weeks, New Jersey’s primary whistleblower statute—the Conscientious Employee Protection Act (“CEPA”)—has been the subject of increased judicial scrutiny. In Hitesman v. Bridgeway, Inc., 214 N.J. 235 (2014),...more

New Jersey Supreme Court Takes Broad View Of Protected Complaints Under NJLAD, But Narrow View Under CEPA

On July 17, 2013, the New Jersey Supreme Court held that a plaintiff need not demonstrate an actual violation of the New Jersey Law Against Discrimination (NJLAD), let alone an identifiable victim, to prove a claim of...more

New Jersey Pay Equity Measure Says No Reprisals Against Employees Requesting Information About Co-Workers

On August 28, 2013, New Jersey Governor Chris Christie signed A-2648 to add a new non-retaliation pay equity measure to the Law Against Discrimination ("LAD") (hereinafter, the "amendment" or "law")....more

Legal Alert: New Jersey Supreme Court Eases Employee Retaliation Claims

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...more

NJ Jury Renders $2.1 Million Punitive Damage Award in Whistleblower Case

In a recent lawsuit before the Superior Court of New Jersey in Hudson County, a jury unanimously awarded $2.1 million in punitive damages to a hospital lab technician after finding his employer retaliated against him for...more

Bill Introduced To Establish Two-Year Statute Of Limitations For Most New Jersey Civil Actions

On October 18, 2012, a bill (A3412) was introduced in the New Jersey Assembly to establish a default two-year statute of limitations for most civil actions. Significantly for employers, this would increase the statute of...more

Employer's distribution of a memo tying reduction in hours to employee's wage complaint supports a New Jersey CEPA claim

Earlier this month, the New Jersey Appellate Division issued a decision, which found that sending employees a memo that hours would be cut because one of the staff brought a wage-and-hour claim, could constitute an "adverse...more

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