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Articles Posted in CEPA

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Court Reaffirms that New Jersey’s Whistleblower Protection Law Is Not Bound By the Borders of the State

The Superior Court of New Jersey, Appellate Division, recently authored a significant ruling that reaffirmed and strengthened the resolve of New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”). In Halliday v. Bioreference Laboratories, Inc., a Texas based employee, Halliday, of a New Jersey Company, Bioreference Laboratories, Inc. (“BLI”),…

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Court Revives Nurse’s Whistleblower Lawsuit Against Rutgers School of Biomedical and Health Services

The Appellate Division of the Superior Court of New Jersey has reversed a trial judge’s the dismissal of a whistleblower lawsuit brought by a former licensed nurse of Rutgers University School of Biomedical and Health Sciences, which used to be the University of Medicine and Dentistry of New Jersey (Rutgers).…

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Protecting U.S. Postal Workers From Whistle-blowing Retaliation

As drastic changes to the U.S. Postal Service (USPS) result in mail delivery delays, some postal workers have chosen to speak publicly about how these changes are impacting their work environment. Given the highly-politicized news coverage of postal service changes leading up to what is expected to be a largely…

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The Duty to Mitigate Damages Applies to All Litigants: Even NFL Coaches

As those of us who are Rutgers football fans know, finding a winning head coach can be very difficult.  Unfortunately, the Rutgers football head coach position has become available three times in the past eight years, which means three expensive and time consuming job searches. While there are always a…

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BARDA Doctor’s Whistleblower Complaint Brings Conscientious Employee Protections into the Covid-19 Discussion

Many of us have heard of employee whistleblowers who go public with their employer’s egregious wrongdoings and suffer job loss or other retaliation for doing so. Both the federal government and the State of New Jersey offer protections to these conscientious employees.  For example, a federal law called the Whistleblower…

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Do COVID-19 Whistleblowers Have Legal Protection Against Workplace Retaliation?

The COVID-19 pandemic has forced many New Jersey employees to work in unsafe work environments.  Facing increased risk of exposure, many employees are rightfully concerned that they will become infected or infect others because of their employer’s failure to have in place proper safety measures limiting the spread of COVID-19…

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Can an Employee be Terminated for Reporting Violations of New Jersey’s COVID-19 Executive Order 107?

An employee may have a claim for whistle-blower retaliation under New Jersey state law if their employer takes adverse employment action against him or her for complaining directly to the employer or or reporting violations of New Jersey Executive Order 107 to a governmental agency.  Executive Order 107 was signed by…

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Revisiting Battaglia v. UPS: New Jersey Employment Retaliation Law

An employee is protected from retaliation from his or her employer when he or she engages in protected activity under the New Jersey Law Against Discrimination.  But what constitutes protected activity?  Is any complaint covered?  Or does the employee complaint have to one that the complained of conduct violate the…

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Court Upholds Verdict In Favor of Whistleblower Who Complained Of Misuse of Public Funds

A New Jersey Appellate Division has denied an appeal of a whistleblower verdict in favor of a state employee against her former employer the State Department of Corrections.  The plaintiff, Meg Yatauro, brought her claim under the New Jersey whistleblower law known as the Conscientious Employee Protection Act, alleging that…

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New Jersey Transgender Equality Task Force Issues Recommendations to Address LGBTQ Discrimination

The New Jersey Transgender Equality Task Force issued its report and recommendations on November 20, 2019 to address discrimination against transgender individuals of New Jersey.  The New Jersey Transgender Equality Task Force, was established by Governor Murphy and its Senate and Assembly sponsors in July, 2018, convened in March, 2019 and…

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