Disciplinary Harassment Is Retaliation Against a Whistleblower in New Jersey

By Thomas McKinney
Partner

Typically, to support a case of retaliation for blowing the whistle on illegal employer conduct, an employee must suffer some loss of money which lawyers call an “adverse employment action.”  But the New Jersey Appellate Division ruled last week that a New Jersey State Trooper who was subjected to “four or five disciplinary charges” in a few months could sue under New Jersey’s whistleblower law, called CEPA.  See Piniero v. New Jersey State Police (July 17, 2012).  The Court stated that the trooper could take his case to a jury trial because “four or five disciplinary charges in the course of several months is noteworthy given a record of few charges over the course of twenty years [on the job].”  The Court also found that a jury could find that the harassment was so severe that it led to the trooper quitting his job (constructive termination through forced resignation).

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.