Retaliatory Harassment by Coworkers Violates NJ Whistleblower Law

By Thomas McKinney
An employee named Howard Flecker filed a claim against his employer for unpaid wages.  The employer then sent all employees a memo that everyone’s hours (and, therefore, pay) would be cut because of his unpaid wages claim.   The New Jersey Appellate Division ruled that the employer violated New Jersey’s whistleblower law, known as CEPA, by “creating a hostile work environment through a memorandum that defendants knew or should have known would incite plaintiff’s co-workers, who then commenced harassing plaintiff about his lawsuit to such an extent that the work environment became so intolerable to plaintiff that he was forced to resign.” See Flecker v. Statue Cruises (App.Div. November 14, 2012).
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.