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76 ARTHUR G. MONTO, Jr., et al. v. TOWNSHIP OF SPARTA, FREDERICK GEFFKEN, JEFFREY NAFIS, MARK ROZEK, et al. -- rank: 609

... Educ. , 139 N.J. 405 , 431 (1994)). CEPA, codified in N.J.S.A. 34:19-3, reads in relevant part: An employer shall not take any ... public health, safety or welfare or protection of the environment. [ N.J.S.A. 34:19-3.] In Mehlman , supra , the court recognized the difficulty in precisely ... need for the "clear mandate of public policy" provision of N.J.S.A. 34:19-3. "Retaliatory action" is defined as "the discharge, suspension or demotion ...

docket:	A0279-06
court:	NJ Superior Court Appellate Division
decided:	2007-12-24
status:	unpublished
citation:
Document Size:	120270

77 RICHMOND LAPOLLA v. COUNTY OF UNION -- rank: 607

... lawsuit. See N.J.S.A. 10:5-12(d); N.J.S.A. 34:19-3. The NJCRA authorizes a private right of action in the ... J. 439, 445 (2004) (To satisfy CEPA's requirement under N.J.S.A. 34:19-3(c)(3) that employer activity is incompatible with a clear ... unfair allocation of overtime does not have a claim under N.J.S.A. 34:19-3(c)(3) because such a complaint deals with the employee ...

docket:	a2411-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-28
status:	published
citation:	449 N.J.Super. 288 157 A.3d 458
Document Size:	64891

78 KATHLEEN WARRICK v. PARSIPPANY-TROY HILLS BOARD OF EDUCATION -- rank: 604

... Corp. , 153 N.J. 163 , 193-94 (1998); see also N.J.S.A. 34:19-3. In order to establish a cognizable CEPA claim, an employee ... he or she performed a "whistle-blowing" activity described in N.J.S.A. 34:19-3[(a) or (c), such as discussing or objecting to such ... matter of law to trigger whistleblower status and protection. See N.J.S.A. 34:19-3(a) and (c). It was not essential for plaintiff to ...

docket:	a6035-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-09
status:	unpublished
citation:
Document Size:	104821

79 SERGEANT ROGER MALONE v. STATE POLICE OF THE STATE OF NEW JERSEY -- rank: 604

... Plaintiff claimed the conduct alleged constituted "a clear violation of N.J.S.A. 34:19-3(a) and (c) . . . in that he objected to and refused ...

docket:	a5755-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-21
status:	unpublished
citation:
Document Size:	31404

80 ROBIN BRIDGES JOHNSON v. NEW JERSEY HIGHER EDUCATION STUDENT ASSISTANCE AUTHORITY E. MICHAEL ANGULO, and EUGENE HUTCHINS - -- rank: 604

... 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 ... of herself. When a CEPA claim is based on fraud, N.J.S.A. 34:19-3(a)(2), -3(c)(2), "[t]he focus is on ... that Angulo's actions violated public policy. A claim under N.J.S.A. 34:19-3(c) requires a "showing that the 'clear mandate of public ... harm, not harm to the public" is not viable under N.J.S.A. 34:19-3(c)(3). Turner , supra , 396 N.J. Super. at 594 ...

docket:	a3102-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-05-05
status:	Published
citation:
Document Size:	53328

81 NUTLEY POLICE SERGEANT CHRISTOPHER LAMOND v. TOWNSHIP OF NUTLEY -- rank: 604

... was subjected to retaliatory acts by defendants in violation of N.J.S.A. 34:19 3(c). Under this subsection, an employer is prohibited from taking ... fraudulent or criminal"; or (3) "is incompatible" with public policy. N.J.S.A. 34:19-3(c)(1)-(3). A plaintiff asserting a CEPA claim pursuant to N.J.S.A. 34:19-3(c) must establish 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 ...

docket:	a4491-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-11
status:	unpublished
citation:
Document Size:	28086

82 /usr/local/share/www/libweb/collections/courts/supreme/a3922-11.opn.html -- rank: 602

... 2) the employee "performed a 'whistle-blowing' activity" specified in N.J.S.A. 34:19-3; (3) the employer took "an adverse employment action" against the ... of employment at UMDNJ constituted whistleblowing within the meaning of N.J.S.A. 34:19-3(a) and that Wimalawansa's actions involving Marrero during her ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	53652

83 RICHARD J. SMITH v. HUTCHINSON PLUMBING HEATING COOLING -- rank: 602

... App. Div. 2005). 8 Even were plaintiff alleging fraud under N.J.S.A. 34:19-3(a)(2), -3(c)(2), which does not require him ...

docket:	a1646-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-02
status:	unpublished
citation:
Document Size:	53713

84 RICHARD GACINA v. STATE OF NEW JERSEY -- rank: 602

... law, or a rule or regulation promulgated pursuant to law." N.J.S.A. 34:19-3(a) (emphasis added). A CEPA plaintiff "must show that his ...

docket:	a6233-07
court:	superior court appellate division
decided:	2010-11-16
status:	unpublished
citation:
Document Size:	59122

85 JOSEPH DROSSEL v. MAYOR and COUNCIL BOROUGH OF FRANKLIN -- rank: 599

... alleged he qualified as a whistleblower pursuant to CEPA, citing N.J.S.A. 34:19-3(a) and (c). In count two, he alleged that because ... defendants and dismissing the case with prejudice. The judge held N.J.S.A. 34:19-3(c) did not apply because plaintiff had not presented any ... policy, or practice of the employer. 2 The judge found N.J.S.A. 34:19-3(a) did not apply because plaintiff's alleged whistleblowing activity ... in finding he had not pleaded any facts falling within N.J.S.A. 34:19-3(c). Because he did not brief that issue on appeal ... 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 ... pretextual.' Klein, 377 N.J. Super. at 39. Plaintiff cited N.J.S.A. 34:19-3(a) in support of his claim. Under that provision ...

docket:	a1699-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-21
status:	Unpublished
citation:
Document Size:	24594

86 CHRISTOPHER BOHNYAK VS. TOWN OF WESTFIELD, ET AL. -- rank: 599

... employers from retaliating against employees who perform a whistleblowing activity. N.J.S.A. 34:19-3. To establish a prima facie CEPA claim, a plaintiff must ... 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:	a3257-22
court:	appellate
decided:	2024-05-02
status:	Unpublished
citation:
Document Size:	42797

87 KELLY SUTLIFF v. CLIFTON BOARD OF EDUCATION -- rank: 599

... law, or a rule[,] or regulation promulgated pursuant to law.' N.J.S.A. 34:19-3(a)(1). To plead a claim under the statute, a ... 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:	a1919-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-05
status:	Unpublished
citation:
Document Size:	34032

88 Green v. Jersey City Bd. of Education -- rank: 597

... public health, safety or welfare or protection of the environment. [ N.J.S.A. 34:19-3.] In pertinent part, N.J.S.A. 34:19-2a ...

docket:	a-134-01
court:	njsupreme
decided:	2003-08-11
status:
citation:	177 N.J. 434
Document Size:	55861

89 HAYLEE OLSEN v. ZAMAN PIZZA INC -- rank: 597

... he or she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19- 3[]; (3) an adverse employment action was taken against him or ... generally. Plaintiff's complaint does not allege any facts indicating N.J.S.A. 34:19-3(b) is applicable. The elements of a prima facie CEPA ...

docket:	a3628-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-22
status:	Unpublished
citation:
Document Size:	44533

90 SUZANNA L. WILSON v. GEM AMBULANCE, L.L.C. SUZANNA L. WILSON v. GEM AMBULANCE, L.L.C. -- rank: 597

... did not perform a 'whistle-blowing' activity as described in N.J.S.A. 34:19-[3(a)]." He reasoned plaintiff's belief that "patients were being ... of "another employer, with whom there is a business relationship." N.J.S.A. 34:19-3(a). Plaintiff also contends that the judge misapplied proper summary ... care professional, reasonably believes constitutes improper quality of patient care[.] [ N.J.S.A. 34:19-3(a)(1).] A certified health care professional who asserts a ... or another employer with whom there is a business relationship . . . ." N.J.S.A. 34:19-3(a) (emphasis added). As originally enacted, CEPA only protected an ... improper activity "to a supervisor or to a public body . . . ." N.J.S.A. 34:19-3(a). It is undisputed that plaintiff made no disclosure to ...

docket:	a1505-13 a1505-13
court:	NJ Superior Court Appellate Division NJ Superior Court Appellate Division
decided:	2014-11-07 2014-11-07
status:	unpublished unpublished
citation:
Document Size:	39482