Major CEPA decision by Supreme Court of New Jersey Harms Employers

06.10.2011

View article In a bad decision for employers in New Jersey, decided June 9, 2011, the Supreme Court of New Jersey held that a whistle-blowing plaintiff who brings suit under the Conscientious Employee Protection Act (hereafter referred to as “CEPA”), is able to prove a lost wage claim even in the absence of proving constructive discharge if the plaintiff can show that he or she became psychologically disabled due to the employer’s alleged retaliation. Joseph A. Donelson v. DuPont Chambers Works (A-112-09). Justice Albin authored the majority decision, Justice LaVecchia and Hoens dissented, and Justice Rivera-Soto filed a separate, abstaining opinion. This decision is very important because New Jersey plaintiffs’ lawyers are notorious for advising their clients to stop coming to work and to go on disability leave as soon as they make their whistle- blowing allegations.