02.28.2024Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing ActivityOn February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision dismissing the employee’s claim under the Conscientious Employee Protection Act (CEPA), finding that she was properly terminated for mistreating her subordinate. Ultimately, the supervisor could not establish a retaliation claim because there was no causal link between her termination and reporting HIPAA concerns.
01.10.2023Dina Mastellone To Present Workplace Investigations Webcast for NJICLEFirm Partner Dina M. Mastellone, Esq. will present a webcast for NJICLE entitled "Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and the Impact of Long-Term Virtual Workplaces on Employees and Workplace cultures.
01.15.2020New Jersey Employers – The NLRB Loosens Restrictions On Confidentiality Instructions For InvestigationsOn December 16, 2019, the National Labor Relations Board (NLRB) issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson, upholding an employer’s confidentiality instructions to employees involved in open workplace investigations and any investigations pending or initiated after December 16, 2019. When implementing this decision to its active investigations, New Jersey employers must be mindful of pro-employee laws which not only allow, but encourage employee discussion.
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