EANJ In The Courts
"American business and the enterprise system have been
affected as much by the courts as by the executive and
legislative branches of government."
Lewis F. Powell, Jr.
Justice, Supreme Court of the United States
To advance the interests of New Jersey’s employers, EANJ seeks permission to intervene in high-impact court cases. Not merely taking an advocacy role, EANJ has submitted legal briefs explaining complex economic issues that are specific to the state's business community and has also engaged in oral argument to help inform the courts about the impact of their decisions on employers.
John Sarno, EANJ's President, arguing before the Supreme Court of New Jersey
D'Annunzio v. Prudential Insurance Company
NJ Supreme Court (2007) Seeking the reversal of an appellate court decision holding that an independent contractor has standing to sue as a whistleblower under the NJ Conscientious Employee Protection Act. The Court holds that an Independent Contractor could have standing to sue if the Independent Contractor is under the direction and control of the employer and where the Independent Contractor is performing core services of the organization.
Read the Appellate Court's Decision Here
Read the NJ Supreme Court's Decision
Gerety v. Hilton Casino Resort
NJ Supreme Court (2005) Holding that a woman who is disabled due to her pregnancy and who takes 180 days off from work is not entitled to additional leave if men with disabilities are required to adhere to the same 180-day maximum.
Read the Court's Decision Here
Joyce Quinlan v. Curtiss-Wright Corporation
NJ Supreme Court (2010) The Court rules that a Director of Human Resources can, under certain circumstances, remove and use company - confidential information obtained in her capacity as HR Director to sue her former employer, alleging gender discrimination and retaliatory discharge.
Read the Appellate Court's Decision Here
Read the NJ Supreme Court's Decision Here
Maw v. Advanced Clinical Communications, Inc.
NJ Supreme Court (2004) Holding that the refusal to sign a non-competition agreement does not constitute legally protected whistleblowing activity.
Read the Court's Decision Here
Stengart v. Loving Care Agency, Inc.
NJ Supreme Court (2010) The court ruled that an employer’s interest in enforcing its electronic communications policy, which permits occasional personal use, does not outweigh an employee’s privacy interest in personal email communications sent to and from her lawyer.
Read the Appellate Court's Decision Here
Read the New Jersey Supreme Court Decision Here
White v. Starbucks
N.J. Appellate Division (2011) The court ruled an employee does not state a cause of action under the Conscientious Employee Protection Act when the alleged whistleblowing activity constitutes the activities that an employee is hired and paid to perform.
Read Appellate Division Decision Here
Winters v. North Hudson Regional Fire
NJ Supreme Court (2011) The Court seeks EANJ’s opinion on complex employment law issues arising out of the Conscientious Employee Protection Act (CEPA) and invites the Association to submit a legal brief. Among other things, EANJ advocates for a new legal standard to guide the courts and litigants.
The Supreme Court of New Jersey during oral argument
