Winegar, Wilhelm, Glynn & Roemersma, P.C.
Call now to schedule a free initial consultation.
  • 908-454-3200Phillipsburg, NJ
  • 610-807-0440Bethlehem, PA
  • 908-475-2500Belvidere, NJ

What Constitutes Retaliation By An Employer under CEPA?

By: Linda B. Maalouf, Esq.

In Flecker v Statue Cruises, L.L.C., the New Jersey courts were asked to decide whether an employer's actions violated the Conscientious Employee Protection Act ("CEPA"). The plaintiff initially filed an action against his employer alleging violations of the New Jersey Wage and Hour Law. In response to this action, all employees were notified that such a suit had been filed. Employers were advised that as a result of the lawsuit, there would be no scheduled overtime. The employer also identified plaintiff as the party who filed the suit. Plaintiff was then repeatedly confronted, threatened and harassed by his coworkers to the point that he eventually resigned.

Plaintiff then filed a claim of retaliation under CEPA, New Jersey's whistle-blower statute. Despite that the trial court entered summary judgment in favor of the employer which dismissed the case entirely, the Appellate Division reversed and reinstated the case on the grounds that there was sufficient evidence for a reasonable jury to conclude that the employer knew or should have known its actions would cause plaintiff's harassment and that such action could ultimately force the plaintiff to resign. This shows the Court's willingness to broadly interpret the anti-retaliation provisions of CEPA to include actions other than mere discharge, suspension or demotion.

If you have questions about how this law might affect you, contact the law firm of Winegar, Wilhelm, Glynn & Roemersma to speak with one of our experienced attorneys.

THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW AND IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE. IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY.

No Comments

Leave a comment
Comment Information

Our Team will help protect your rights & ensure a fair trial

Request a free consultation

Request A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Phillipsburg Office
305 Roseberry Street
Phillipsburg, NJ 08865

Phone: 908-454-3200
Fax: 908-454-3322
Map & Directions

Bethlehem Office
84 East Broad Street
Bethlehem, PA 18018

Phone: 610-807-0440
Map & Directions

Belvidere Office
110 Mansfield Street
Belvidere, NJ 07823

Phone: 908-475-2500
Map & Directions