Search Rutgers Law Library N.J. Court Opinions

1 Kim Allen v. Cape May County -- rank: 1000

... plaintiff’s claims as if brought under two CEPA provisions, N.J.S.A. 34:19-3(a) and -3(c). The court concluded that plaintiff engaged ... claim premised on the Capehart & Scatchard proposal is based on N.J.S.A. 34:19-3(c), under which a plaintiff must prove that: (1) she ... 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 ... conduct would constitute CEPA- protected conduct if it satisfied either N.J.S.A. 34:19-3(c) or -3(a), a separate provision. With no clarification ... the Ballard Spahr investigator “constitutes CEPA-protected conduct under N.J.S.A. 34:19-3(a),” but did not review that communication under -3 ... or both provisions. (pp. 20-21) 3. On remand, applying N.J.S.A. 34:19-3(c) and viewing the evidence in the light most ...

docket:	a-49-19
court:	NJ Supreme Court
decided:	2021-05-12
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Document Size:	78731

2 /usr/local/share/www/libweb/collections/courts/appellate/a2851-20.opn.html -- rank: 905

... complaint because he sufficiently pled a cause of action under N.J.S.A. 34:19-3(a)(1), (c)(1), and (c)(3). Specifically, he contends ... regulations promulgated pursuant to law, namely the [DOC manual],' see N.J.S.A. 34:19-3(a)(1) and (c)(1), and 'a matter of New Jersey public policy,' see N.J.S.A. 34:19-3(c)(3). Plaintiff further maintains the allegedly breached manual serves ... implicating 'the public health[,] safety[,] [and] welfare,' as required under N.J.S.A. 34:19- 3(c)(3). 'CEPA is a remedial statute that 'promotes a ... taking 'any retaliatory action against an employee' in certain circumstances. N.J.S.A. 34:19-3. One such circumstance, under N.J.S.A. 34:19-3(a)(1), is when the employee '[d]iscloses or ...

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3 Joel S. Lippman, M.D. v. Ethicon, Inc. -- rank: 901

... standard of care, may invoke the whistleblower protections afforded under N.J.S.A. 34:19-3 of the Conscientious Employee Protection Act (CEPA or Act), N ... the trial court’s interpretation of protected whistleblowing conduct under N.J.S.A. 34:19-3(c), finding that it was inconsistent with the broad remedial ... discouraging employers from engaging in illegal or unethical workplace activities. N.J.S.A. 34:19-3 establishes the types of whistleblowing activity for which “an ... duties in order to engage in CEPA-protected conduct under N.J.S.A. 34:19-3(c), which requires that a plaintiff “[o]bject[] to ... job duties. Furthermore, since neither subsection (a) nor (b) of N.J.S.A. 34:19-3 states or suggests that an employee must be acting outside ... standard of care, may invoke the whistleblower protections afforded under N.J.S.A. 34:19-3 of CEPA. Plaintiff’s normal job duties included providing ...

docket:	A-65-13
court:	NJ Supreme Court
decided:	2015-07-15
status:
citation:	222 N.J. 362 119 A.3d 215
Document Size:	107878

4 JOSE COTTO v. NEWARK PUBLIC SCHOOLS -- rank: 875

... public health, safety or welfare or protection of the environment. [N.J.S.A. 34:19-3.] CEPA defines 'retaliatory action' as 'the discharge, suspension or demotion ... order to establish a prima facie case of retaliation under N.J.S.A. 34:19-3(c), a plaintiff must demonstrate: (1) a reasonable belief that ... or she performed a 'whistle blowing' activity as described in N.J.S.A. 34:19-3(a) or (c); (3) an adverse employment action was taken ... In order for a plaintiff to . . . withstand summary judgment under N.J.S.A. 34:19-3(c), he or she must 'furnish the trial court with ... 589, 601 (App. Div. 2001)).] To withstand summary judgment under N.J.S.A. 34:19-3(c)(1),'a plaintiff must set forth facts that would ... contends here. Id. at 462. To withstand summary judgment under N.J.S.A. 34:19-3(c)(3), a plaintiff must set forth facts sufficient ...

docket:	a4003-15
court:	NJ Superior Court Appellate Division
decided:	2019-03-07
status:	Unpublished
citation:
Document Size:	96199

5 Sergeant First Class Frank Chiofalo v. State -- rank: 872

... with respect to the validity of a CEPA claim under N.J.S.A. 34:19-3(c), that a plaintiff must first find and enunciate the ... J. 220 (2018). Although Chiofalo initially alleged CEPA violations under N.J.S.A. 34:19-3(a) and (c), he conceded at oral argument that his case now rests on N.J.S.A. 34:19-3(c)(2) alone. HELD: The Court does not agree that ... should be construed liberally to effectuate its important social goal. N.J.S.A. 34:19-3 sets forth the statute’s essential prohibition of employer retaliation ... the Court addressed a plaintiff’s CEPA claims brought under N.J.S.A. 34:19-3(c)(1) and (3). Dzwonar v. McDevitt, 177 N.J ... set forth to establish a prima facie case pursuant to N.J.S.A. 34:19-3(c). The Court stated that either “the court ...

docket:	a-30-18
court:	NJ Supreme Court
decided:	2019-07-16
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citation:	238 N.J. 527 213 A.3d 900
Document Size:	54394

6 KRISTIAN KIRCHNER v. CITY OF VINELAND -- rank: 854

... former Vineland police detective, plaintiff Kristian Kirchner's claim under N.J.S.A. 34:19-3(c)(3) of the Conscientious Employees' Protection Act, N.J ... 461). The statute's 'critical substantive provisions are contained in N.J.S.A. 34:19-3,' id. at 540, which, as pertinent to this appeal, provides ... protection of the environment. Plaintiff's CEPA claim falls under N.J.S.A. 34:19-3(c)(3) in that he contends he objected to or ... 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 ... Oil Corp., 153 N.J. 163, 193-94 (1998)). Accordingly, N.J.S.A. 34:19-3(c) 'does not require a plaintiff to show that a ... Dzwonar, explaining 'when a plaintiff brings an action pursuant to N.J.S.A. 34:19-3(c), the trial court must identify a statute, regulation, ...

docket:	a0131-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-30
status:	Unpublished
citation:
Document Size:	67225

7 Maimone v. City of Atlantic City, et al. -- rank: 830

... taking “retaliatory action” against an employee for protected conduct. N.J.S.A. 34:19-3. Under the definition of retaliatory action, any reduction in an ... from taking "retaliatory action" against an employee for protected conduct. N.J.S.A. 34:19-3. "Retaliatory action" is defined by CEPA to mean "the discharge ... to satisfy this element of a cause of action under N.J.S.A. 34:19-3. Although plaintiff's transfer to patrol duty was not considered ... requirement that an employee who brings a CEPA claim under N.J.S.A. 34:19-3 must show "a causal connection exists between the whistle-blowing ...

docket:	a-59-05
court:
decided:	2006-07-20
status:
citation:	*CITE_PENDING*
Document Size:	99488

8 MARGARET GATHMAN v. CARE ONE MANAGEMENT, LLC -- rank: 807

... 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.] CEPA defines 'retaliatory action' as 'the discharge, suspension or demotion ...

docket:	a2904-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-22
status:	Unpublished
citation:
Document Size:	44853

9 A. Donelson v. DuPont Chambers Works -- rank: 797

... action against an employee” who engages in certain protected activity. N.J.S.A. 34:19-3 (emphasis added). “‘Retaliatory action’” is defined as ... action against an employee” who engages in certain protected activity. N.J.S.A. 34:19-3 (emphasis added). Thus, an employer may not retaliate against an ... or a rule or regulation promulgated pursuant to law.” N.J.S.A. 34:19-3(a). Nor may an employer retaliate against an employee who ... health, safety or welfare or protection of the environment.” N.J.S.A. 34:19-3(c). One could hardly dispute that an employee’s complaint ... containing extremely dangerous chemicals falls within the activity protected by N.J.S.A. 34:19-3(a) or (c). The issue in this case is not ... action that is contrary to law or public policy. See N.J.S.A. 34:19-3 (prohibiting retaliation against whistle-blowers and enumerating protected employee ...

docket:	a-112-09
court:	superior court trial
decided:	2011-06-09
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Document Size:	151099

10 BRENDA AZANEDO VS. ALARIS HEALTH AT CASTLE HILL, ET AL. -- rank: 783

... 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 ... agree that plaintiff's CEPA retaliation claim is based on N.J.S.A. 34:19-3(c), which bars an employee from taking any retaliatory action ... Cape May Cnty., 246 N.J. 275, 290 (2021) (quoting N.J.S.A. 34:19-3(c)). When a plaintiff establishes a prima facie claim under ... believed the conduct at issue was against a law under N.J.S.A. 34:19- 3(a)(1) or was incompatible with a 'clear mandate of public policy' under N.J.S.A. 34:19-3(c)(3). Estate of Roach v. TRW, Inc., 164 N ... identified and firmly grounded'). Further, an employee who argues under N.J.S.A. 34:19-3(c)(3) 'must make the additional showing that the ' ...

docket:	a3129-21
court:	appellate
decided:	2024-04-19
status:	Unpublished
citation:
Document Size:	75456

11 STEPHANIE HALLIDAY v. BIOREFERENCE LABORATORIES, INC -- rank: 776

... law, or a rule or regulation promulgated pursuant to law[.]' N.J.S.A. 34:19-3(a)(1). It also prohibits retaliatory adverse action against an ... law, or a rule or regulation promulgated pursuant to law.' N.J.S.A. 34:19-3(c) (1) (emphasis added). The statute expressly provides a cause ... is an illegal act, executing certain QC forms. See ibid.; N.J.S.A. 34:19-3(c)(1). Texas law does not provide a cause of ... However, that cause of action is supported by CEPA. See N.J.S.A. 34:19-3(a)(1). Thus, there is a 'substantive difference' between the ...

docket:	a3219-19
court:	NJ Superior Court Appellate Division
decided:	2022-08-03
status:	Unpublished
citation:
Document Size:	86588

12 KIM MADERA v. HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY -- rank: 769

... public health, safety or welfare or protection of the environment. [ N.J.S.A. 34:19-3(c).] Prohibited retaliatory action includes an employee's suspension from ... cause of action pursuant to subsections (2) and (3) of N.J.S.A. 34:19-3(c). 5 We provide an overview of the elements of ... A plaintiff who brings a cause of action pursuant to N.J.S.A. 34:19-3(c)(2) must demonstrate: (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 ... 39 (2005). A plaintiff who brings a claim pursuant to N.J.S.A. 34:19-3(c)(2) is not required to show that his or ... elements of a plaintiff's prima facie case pursuant to N.J.S.A. 34:19-3(c)(3) are nearly identical to those for a ( ...

docket:	a4813-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-25
status:	unpublished
citation:
Document Size:	43948

13 JULIO C. ORTIZ v. PENSKE TRUCK LEASING -- rank: 767

... public health, safety or welfare or protection of the environment. [ N.J.S.A. 34:19-3(c)(3).] "For purposes of CEPA, 'public policy has been ... 469). Plaintiff's "clear mandate of public policy" claim, under N.J.S.A. 34:19-3(c)(3), 6 requires proof of four elements: (1) that ... plaintiff engaged in protected "whistle–blowing" activity as defined in N.J.S.A. 34:19-3(c); (3) that an adverse employment action was taken against ... mandate of public policy, the trial court should . . . dismiss the N.J.S.A. 34:19-3(c)(3) claim." Ibid. However, if the trial court "determines ... regulations and articulated policy within the meaning and intent of N.J.S.A. 34:19-3(c)(3)." According to plaintiff, "such violations relate to policy ... promulgated pursuant to law, within the scope and intent of N.J.S.A. 34:19-3(a)(1)"; "deception or misrepresentation practiced and/or instigated ...

docket:	a3742-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-13
status:	unpublished
citation:
Document Size:	64759

14 LAWANDA KITCHEN v. SPRINGPOINT SENIOR LIVING -- rank: 762

... the merits by applying the 4-part test derived from N.J.S.A. 34:19-3(c), focusing on the fourth prong which requires plaintiff to ... 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.] CEPA defines 'retaliatory action' as 'the discharge, suspension or demotion ...

docket:	a3085-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-28
status:	Unpublished
citation:
Document Size:	53455

15 /usr/local/share/www/libweb/collections/courts/supreme/a5535-13.opn.html -- rank: 759

... regulation promulgated pursuant to law . . . ; (2) is fraudulent or criminal . . . . [ N.J.S.A. 34:19-3.] In addition to facts supporting whistleblower conduct, an employee who claims retaliation under N.J.S.A. 34:19-3 must demonstrate "a causal connection exists between the whistle-blowing ... off" a fellow officer under investigation by the MCPO, satisfying N.J.S.A. 34:19-3(c); (2) plaintiff's direction to the PBA attorney to ... were stealing cable services or not obtaining necessary permits, satisfying N.J.S.A. 34:19-3(a); and (3) plaintiff's formal statement to the MCPO, after the dumpsite meeting with his sergeant, satisfying N.J.S.A. 34:19-3(b). Plaintiff challenges the motion judge's reasoning, which rejected ... 404 (2000), illegal activity of co-employees falls within subsection N.J.S.A. 34:19-3(c), which does not contain a requirement the conduct ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	47658