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Retaliation Against Whistleblowers (When doing good costs you your job)

By |2019-02-20T19:59:13+00:00February 20th, 2019|Categories: CEPA/Whistleblower|

Retaliation Against Whistleblowers (When doing good costs you your job) It is unlawful for an employer to retaliate against you If you complain about or object to illegal conduct of your employer. The principal New Jersey anti-whistle blowing law is the Conscientious Employee Protection Act, commonly called “CEPA.”  CEPA prohibits an employer from taking [...]

SEC Has Its Say About Severance Agreements

By |2017-02-02T17:49:28+00:00August 23rd, 2016|Categories: CEPA/Whistleblower|Tags: |

Through two recent Orders the Securities & Exchange Commission has gotten in on the act of narrowing the protections that employers can build into the release contained in a severance agreement.  The SEC has announced its intention to fight efforts of companies subject to its jurisdiction to limit the rights of departing employees in order [...]

Changing Time(s) for Employment Litigation?

By |2015-01-05T11:05:52+00:00January 5th, 2015|Categories: CEPA/Whistleblower, Employment Law News, Firing Issues, Hiring Issues, Law Against Discrimination (LAD), Policies & Handbooks|Tags: |

The New Jersey Supreme Court will review the decision of the Appellate Division in Rodriguez_v._Raymours_Furniture. Why should you care?  Because there is a lot at stake --- for both employers and employees --- in how this case is finally decided. In a nutshell, this is the issue.  Under the NJ Law Against Discrimination, the statute [...]

Two Big Cases from the Supreme Court Change Federal Employment Law

By |2017-02-02T17:49:44+00:00June 28th, 2013|Categories: CEPA/Whistleblower|Tags: |

Earlier this week the U.S. Supreme Court decided two cases of considerable importance to Title VII liability.  Both decisions can generally be considered pro-business, as they made it harder for plaintiffs to prevail.  University of Texas Southwestern Medical Center v. Nassar holds plaintiffs who claim they were subject to unlawful retaliation to the tougher "but [...]

Genesis Healthcare v. Symczyk – Is This FLSA Mootness Decision Itself Moot?

By |2017-02-02T17:49:46+00:00April 18th, 2013|Categories: CEPA/Whistleblower|Tags: |

Where to begin on yesterday's US Supreme Court decision in Genesis Healthcare v. Symczyk?  Perhaps we should start, oddly enough, with Justice Kagan's dissent, which is quite unlike any I have seen before.  She says: Feel free to relegate the majority's decision to the furthest reaches of your mind: The situation it addresses should never [...]

Alcoholism and Disability Law

By |2017-02-02T17:49:49+00:00January 17th, 2013|Categories: CEPA/Whistleblower|Tags: |

Alcoholism is a disability under both the Americans with Disabilities Act and the NJ Law Against Discrimination.  Cases in which plaintiffs have been successful on an alcoholism-related disability theory are hard to find, however. A.D.P. v. ExxonMobil Research & Engineering Co., approved for publication on October 26, 2012, is an exception.  The opinion is lengthy [...]

Bad Behavior: If Reporting It Is Your Job, You May Not Be a Whistleblower

By |2012-02-28T10:34:32+00:00February 28th, 2012|Categories: CEPA/Whistleblower|Tags: |

While cleaning out my briefcase this morning I ran across a printout of White v. Starbucks, an unpublished New Jersey Appellate Division opinion that addresses an interesting situation under CEPA, New Jersey's whistleblower statute.  I meant to write about this case when it came out in December, 2011.  It's not an earth-shattering decision, but the [...]

Important New CEPA Decision from NJ Supreme Court

By |2011-07-07T15:16:01+00:00July 7th, 2011|Categories: CEPA/Whistleblower|Tags: |

On June 9, 2011 the NJ Supreme Court decided an important case under NJ's whistleblower law, commonly known as CEPA.  (If you really must ask, it's short for "Conscientious Employee Protection Act.")  The case is Donelson v. DuPont Chambers Works. CEPA has been around since 1986 and has a well-established history of decisional law through [...]

Supreme Court Hears Whistleblower Case

By |2006-12-07T16:02:42+00:00December 7th, 2006|Categories: CEPA/Whistleblower|

The False Claims Act is commonly referred to as the federal whistleblower law.  Its purpose is to discourage fraud against the government.  When a citizen provides information that helps the government to successfully sue the company that has perpetrated a fraud, the citizen shares in the recovery.  Evidence of fraud is often provided by current or former employees [...]

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