The New Jersey Appellate Division ruled that a Morristown Department of Public Works employee who swallowed heroin (which is evidence tampering) when he was arrested cannot keep his government job. The trial level judge determined that tampering with physical evidence is not “an offense involving dishonesty,” therefore the employee was not required to give up his job. But the appeals court agreed with the Morris County Prosecutor’s Office that tampering with physical evidence is an offense involving dishonesty which bars a person from government employment under New Jersey’s “forfeiture” law.
May 4, 2011 – Castronovo & McKinney – Paul Castronovo
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.
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