Search Rutgers Law Library N.J. Court Opinions

46 Maria Tartaglia v. UBS PaineWebber Incorporated -- rank: 656

... articulation of the basis for the common law remedy. Compare N.J.S.A. 34:19-3(c) (identifying basis for CEPA cause of action as employeeâ ... or threatened notification, to an outside agency or supervisor, see N.J.S.A. 34:19-3(a); see, e.g. , Mehlman v. Mobil Oil Corp. , 153 ... or refused to participate in the employer’s conduct, see N.J.S.A. 34:19-3(c). The question is whether the Pierce claim requires more ...

docket:	a-107-06
court:
decided:	2008-12-16
status:
citation:	197 N.J. 81
Document Size:	146526

47 /usr/local/share/www/libweb/collections/courts/appellate/a4264-18.opn.html -- rank: 654

... employer . . . that the employee reasonably believes' is unlawful or fraudulent. N.J.S.A. 34:19-3(a). Specifically, an activity is unlawful when it 'is in ... law, or a rule or regulation promulgated pursuant to law . . . .' N.J.S.A. 34:19-3(a)(1). Fraudulent or criminal activity includes 'any activity, policy ... retiree or pensioner of the employee or any governmental entity.' N.J.S.A. 34:19-3(a)(2). A plaintiff asserting a CEPA claim must establish ... he or she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19-3(c); (3) an adverse employment action was taken against him ... 10 34:19-3(a)(1) or was fraudulent under N.J.S.A. 34:19-3(a)(2). See Estate of Roach v. TRW, Inc., 164 ... he or she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19-3(c).' Lippman, 222 N.J. at 380. A “ ...

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48 FIREMAN'S FUND INSURANCE COMPANY et al. v. JOHN C. IMBESI, et al. -- rank: 654

... her constructive discharge, contrary to the Conscientious Employee Protection Act, N.J.S.A. 34:19-3;          Count Eleven : wrongful discharge;          Counts Twelve and Thirteen : conspiracy to ...

docket:	a3443-01
court:	njappellate
decided:	2003-07-01
status:	published
citation:	361 N.J. Super. 539
Document Size:	153170

49 MacDougall v. Weichert -- rank: 651

... wrongful discharge. See , e.g. , The Conscientious Employee Protection Act, N.J.S.A. 34:19-3 (protecting workers who based on reasonable belief disclose or object ...

docket:	a-116-94
court:	njsupreme
decided:	1996-06-10
status:
citation:	144 N.J. 380
Document Size:	169945

50 NADINE HELLER v. MIDDLESEX COUNTY COLLEGE -- rank: 644

... policy; (2) she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19-3(c); (3) an adverse employment action was taken against her ...

docket:	a4179-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-29
status:	Unpublished
citation:
Document Size:	56534

51 KIMIIKO WOODS v. TOWNSHIP OF IRVINGTON -- rank: 642

... public health, safety or welfare or protection of the environment. [ N.J.S.A. 34:19-3.] An "employee who proceeds under c(1) must show that ...

docket:	a4972-07
court:	superior court appellate division
decided:	2009-08-14
status:	unpublished
citation:
Document Size:	107096

52 ROBERT KELLY v. JAMES SIMPSON -- rank: 639

... public health, safety or welfare or protection of the environment. [N.J.S.A. 34:19-3(c).] 'Upon a violation of any of the provisions of ... complaint on March 21, 2014. To state a claim under N.J.S.A. 34:19-3(c), and establish the elements of a prima facie case ... he or she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19- 3[(c)]; (3) an adverse employment action was taken against him ...

docket:	a0190-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-04
status:	Unpublished
citation:
Document Size:	46975

53 PAUL SERENA v. W.J. DEUTSCH SONS, LTD -- rank: 637

... plaintiff failed to show that his actions constituted whistleblowing under N.J.S.A. 34:19-3(a). We reverse and remand for the reasons that follow ... policy, his actions did not constitute 'whistle-blowing activity' under N.J.S.A. 34:19-3(a). The court found plaintiff's termination to be an ... he or she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19-3(c); (3) an adverse employment action was taken against him ... two of CEPA and examine the record in that context. N.J.S.A. 34:19- 3(a) states: An employer shall not take any retaliatory action ...

docket:	a3955-19
court:	NJ Superior Court Appellate Division
decided:	2022-08-29
status:	Unpublished
citation:
Document Size:	32245

54 ROBERT URBANSKI v. TOWNSHIP OF EDISON -- rank: 637

... public health, safety or welfare or protection of the environment. [ N.J.S.A. 34:19-3.] A plaintiff proceeding under section 3(c) must prove that ...

docket:	a2129-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-17
status:	unpublished
citation:
Document Size:	41815

55 MICAELA P. BENNETT v. STATE OF NEW JERSEY -- rank: 635

... public health, safety or welfare or protection of the environment. [N.J.S.A. 34:19-3.] A CEPA claim must be based on an 'objectively reasonable ...

docket:	a1770-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-20
status:	Unpublished
citation:
Document Size:	39862

56 JOEL S. LIPPMAN, M.D v. ETHICON, INC. and JOHNSON & JOHNSON, INC - -- rank: 635

... A plaintiff who brings a cause of action pursuant to N.J.S.A. 34:19-3(c) must demonstrate that: (1) he or she reasonably believed ... he or she performed a "whistle-blowing" activity described in N.J.S.A. 34:19-3(c); (3) an adverse employment action was taken against him ... public health, safety or welfare or protection of the environment. [ N.J.S.A. 34:19-3(c) (Emphasis added).] Here, applying the four elements in Dzwonar ... present a reasonably foreseeable risk of injury" to the public. N.J.S.A. 34:19-3(c)(3). The record shows that Ethicon created the quality ...

docket:	a4318-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-09-04
status:	Published
citation:	432 N.J.Super. 378 75 A.3d 432
Document Size:	98386

57 DOMENIC F. CAPPELLA, SR v. CITY OF ATLANTIC CITY -- rank: 635

... to the municipal defendant. CEPA governs plaintiff's retaliation claim. N.J.S.A. 34:19-3. To establish a prima facie case under CEPA, the employee ... regulation; (2) he performed a whistleblowing activity as described in N.J.S.A. 34:19-3; (3) the employer took an adverse employment action against him ... also held that "CEPA only permits liability for an employer," N.J.S.A. 34:19-3, and thus dismissed Counts 1-4 of plaintiff's complaint ...

docket:	a5993-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-04-01
status:	Published
citation:
Document Size:	75738

58 KARI WHITE v. STARBUCKS CORPORATION -- rank: 632

... Twp. Bd. of Educ. , 138 N.J. 405 , 431 (1994)). N.J.S.A. 34:19-3 prohibits an employer from taking "retaliatory action" against an employee ... terms and conditions of employment." To state a claim under N.J.S.A. 34:19-3(a) or (c), a plaintiff must show: (1) that he ... she] was not a whistle-blower within the meaning of N.J.S.A. 34:19-3(c)(1) and (2)." Id. at 488. We rejected that ...

docket:	a3153-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-09
status:	unpublished
citation:
Document Size:	50874

59 ROBERT MONTGOMERY v. ATLANTIC CITY ELECTRIC COMPANY -- rank: 632

... stealing company time was unlawful or fraudulent, or both, under N.J.S.A. 34:19-3. Plaintiff specifically argues the court failed to give him every ... policy; (2) [they] performed a 'whistle-blowing' activity described in N.J.S.A. 34:19-3(c); (3) an adverse employment action was taken against [them ... public health, safety or welfare or protection of the environment. [ N.J.S.A. 34:19-3 (emphasis added).] Here, plaintiff claims the termination of his employment violated N.J.S.A. 34:19-3(c) based on his objection to Jones's crime or ... is in violation of a law' or 'fraudulent or criminal.' N.J.S.A. 34:19-3(c)(1) to -3(c)(2). Fraudulent or criminal activity ... retiree or pensioner of the employer or any governmental entity.' N.J.S.A. 34:19-3(c)(2). CEPA was enacted to prevent retaliatory action ...

docket:	a0519-22
court:	NJ Superior Court Appellate Division
decided:	2023-03-10
status:	Unpublished
citation:
Document Size:	27733

60 TATIANA UGARTE v. BARNABAS HEALTH MEDICAL GROUP PC -- rank: 630

... D. (collectively, defendants), on her claim of retaliatory discharge under N.J.S.A. 34:19-3(c)(3) of the Conscientious Employees' Protection Act (CEPA), N ... public health, safety or welfare or protection of the environment. [N.J.S.A. 34:19-3.] 'CEPA is a remedial statute that 'promotes a strong public ... To establish a prima facie case of retaliation pursuant to N.J.S.A. 34:19- - 3(c), a plaintiff must show: (1) he or she reasonably ... he or she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19- 3(c); (3) an adverse employment action was taken against him ...

docket:	a2857-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-16
status:	Unpublished
citation:
Document Size:	49403