CEPA Claims Whistle Blower Update 6/10/11
CONSTRUCTIVE DISCHARGE NOT ESSENTIAL VIABILITY OF CEPA CLAIM, COURT RULES
A plaintiff need not show constructive discharge in order to pursue a lost-wages claim under the Conscientious Employee Protection Act, the state Supreme Court ruled on Thursday. The Court, in a 4-2-1 ruling, in Donelson v. DuPont Chambers Works, A-112-09, reinstated a $1.224 million judgment against the DuPont Chambers Works in Deepwater, finding that a Salem County Superior Court jury acted properly in finding that the company took illegal retaliatory action against an employee who complained of unsafe working conditions. The justices reversed an appeals panel that found the claimant did not meet the standard, in Shepherd v. Hunterdon Developmental Center , 174 N.J. 1 (2002), that constructive discharge be proved by a showing of egregious circumstances in Law Against Discrimination suits.
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Courtesy of NJLJ 6/10/11